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S.445

Crime and Law Enforcement

Mainstreaming Addiction Treatment Act of 2021 This bill removes the requirement that a health care practitioner apply for a separate waiver through the Drug Enforcement Administration (DEA) to dispense certain narcotic drugs (e.g., buprenorphine) for maintenance or detoxification treatment (i.e., substance use disorder treatment). Further, a community health aide or community health practitioner may dispense certain narcotic drugs for maintenance or detoxification treatment without registering with the DEA if the drug is prescribed by a health care practitioner through telemedicine. It preempts state laws related to licensure for this activity. The bill also directs the Substance Abuse and Mental Health Services Administration to conduct a national campaign to educate health care practitioners and encourage them to integrate substance use disorder treatment into their practices.

To amend section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) to eliminate the separate registration requirement for dispensing narcotic drugs in schedule III, IV, or V, such as buprenorphine, for maintenance or detoxification treatment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mainstreaming Addiction Treatment Act of 2021''. SEC. 2. ELIMINATING SEPARATE REGISTRATION REQUIREMENT FOR DISPENSING NARCOTIC DRUGS IN SCHEDULES III, IV, AND V FOR MAINTENANCE OR DETOXIFICATION TREATMENT. (a) In General.--Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended-- (1) by striking paragraph (2); (2) by striking ``(g)(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment'' and inserting ``(g) Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment''; (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (4) in paragraph (2), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (b) Technical and Conforming Edits.-- (1) Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (A) in subsection (a), by striking ``303(g)(1)'' each place it appears and inserting ``303(g)''; and (B) in subsection (d)(1), by striking ``303(g)(1)'' and inserting ``303(g)''. (2) Section 309A(a) of the Controlled Substances Act (21 U.S.C. 829a(a)) is amended by striking paragraph (2) and inserting the following: ``(2) the controlled substance-- ``(A) is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment; and ``(B) is to be administered by injection or implantation;''. (3) Section 520E-4(c) of the Public Health Service Act (42 U.S.C. 290bb-36d(c)) is amended, in the matter preceding paragraph (1), by striking ``information on any qualified practitioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act'' and inserting ``information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for the purpose of maintenance or detoxification treatment''. (4) Section 544(a)(3) of the Public Health Service Act (42 U.S.C. 290dd-3(a)(3)) is amended by striking ``any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act'' and inserting ``any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment''. (5) Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by striking subsection (bb). (6) Section 1834(o) of the Social Security Act (42 U.S.C. 1395m(o)) is amended by striking paragraph (3). (7) Section 1866F(c)(3) of the Social Security Act (42 U.S.C. 1395cc-6(c)(3)) is amended-- (A) in subparagraph (A), by inserting ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C). (8) Section 1903(aa)(2)(C) of the Social Security Act (42 U.S.C. 1396b(aa)(2)(C)) is amended-- (A) in clause (i), by inserting ``and'' at the end; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). SEC. 3. NATIONAL EDUCATION CAMPAIGN. (a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall conduct a national campaign to educate practitioners with respect to the elimination of the separate registration requirement under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)), as in effect on the day before the date of enactment of this Act, for dispensing narcotic drugs in schedule III, IV, and V for maintenance or detoxification treatment. (b) Required Components.--The national education campaign under subsection (a) shall-- (1) encourage practitioners to integrate substance use treatment into their practices; and (2) include education on publicly available educational resources and training modules that can assist practitioners in treating patients with a substance use disorder. SEC. 4. COMMUNITY HEALTH AIDES AND COMMUNITY HEALTH PRACTITIONERS. (a) Practice of Telemedicine.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (54)(A), by striking clause (i) and inserting the following: ``(i) while the patient is-- ``(I) being treated by, and physically located in, a hospital or clinic registered under section 303(f); or ``(II) for purposes of section 302(h), being treated by a community health aide or community health practitioner; and''; (2) by redesignating paragraph (58) as paragraph (59); (3) by redesignating the second paragraph designated as paragraph (57) (relating to the definition of ``serious drug felony'') as paragraph (58); (4) by moving paragraphs (57), (58) (as so redesignated), and (59) (as so redesignated) 2 ems to the left; and (5) by adding at the end the following: ``(60) The terms `community health aide' and `community health practitioner' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l).''. (b) Dispensation of Narcotic Drugs in Schedule III, IV, or V.-- Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following: ``(h) Dispensation of Narcotic Drugs in Schedule III, IV, or V by Certain Practitioners.-- ``(1) In general.--Notwithstanding subsection (a)(2), a community health aide or community health practitioner may dispense a narcotic drug in schedule III, IV, or V, such as buprenorphine, or a combination of such drugs, to an individual for maintenance treatment or detoxification treatment (or both) without being registered under this title if the drug is prescribed by a practitioner through the practice of telemedicine. ``(2) Preemption.--Notwithstanding section 708, a State may not require a community health aide or community health practitioner to be licensed by the State in order to dispense narcotic drugs in accordance with paragraph (1) of this subsection.''. <all>

Mainstreaming Addiction Treatment Act of 2021

A bill to amend section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) to eliminate the separate registration requirement for dispensing narcotic drugs in schedule III, IV, or V, such as buprenorphine, for maintenance or detoxification treatment, and for other purposes.

Mainstreaming Addiction Treatment Act of 2021

Sen. Hassan, Margaret Wood

D

NH

This bill removes the requirement that a health care practitioner apply for a separate waiver through the Drug Enforcement Administration (DEA) to dispense certain narcotic drugs (e.g., buprenorphine) for maintenance or detoxification treatment (i.e., substance use disorder treatment). Further, a community health aide or community health practitioner may dispense certain narcotic drugs for maintenance or detoxification treatment without registering with the DEA if the drug is prescribed by a health care practitioner through telemedicine. It preempts state laws related to licensure for this activity. The bill also directs the Substance Abuse and Mental Health Services Administration to conduct a national campaign to educate health care practitioners and encourage them to integrate substance use disorder treatment into their practices.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mainstreaming Addiction Treatment Act of 2021''. 2. ELIMINATING SEPARATE REGISTRATION REQUIREMENT FOR DISPENSING NARCOTIC DRUGS IN SCHEDULES III, IV, AND V FOR MAINTENANCE OR DETOXIFICATION TREATMENT. (a) In General.--Section 303(g) of the Controlled Substances Act (21 U.S.C. 824) is amended-- (A) in subsection (a), by striking ``303(g)(1)'' each place it appears and inserting ``303(g)''; and (B) in subsection (d)(1), by striking ``303(g)(1)'' and inserting ``303(g)''. 812(c)) for the purpose of maintenance or detoxification treatment''. (4) Section 544(a)(3) of the Public Health Service Act (42 U.S.C. (5) Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by striking subsection (bb). 1395m(o)) is amended by striking paragraph (3). 1395cc-6(c)(3)) is amended-- (A) in subparagraph (A), by inserting ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C). 1396b(aa)(2)(C)) is amended-- (A) in clause (i), by inserting ``and'' at the end; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). 3. NATIONAL EDUCATION CAMPAIGN. 823(g)), as in effect on the day before the date of enactment of this Act, for dispensing narcotic drugs in schedule III, IV, and V for maintenance or detoxification treatment. (b) Required Components.--The national education campaign under subsection (a) shall-- (1) encourage practitioners to integrate substance use treatment into their practices; and (2) include education on publicly available educational resources and training modules that can assist practitioners in treating patients with a substance use disorder. SEC. 4. COMMUNITY HEALTH AIDES AND COMMUNITY HEALTH PRACTITIONERS. 802) is amended-- (1) in paragraph (54)(A), by striking clause (i) and inserting the following: ``(i) while the patient is-- ``(I) being treated by, and physically located in, a hospital or clinic registered under section 303(f); or ``(II) for purposes of section 302(h), being treated by a community health aide or community health practitioner; and''; (2) by redesignating paragraph (58) as paragraph (59); (3) by redesignating the second paragraph designated as paragraph (57) (relating to the definition of ``serious drug felony'') as paragraph (58); (4) by moving paragraphs (57), (58) (as so redesignated), and (59) (as so redesignated) 2 ems to the left; and (5) by adding at the end the following: ``(60) The terms `community health aide' and `community health practitioner' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l).''. ``(2) Preemption.--Notwithstanding section 708, a State may not require a community health aide or community health practitioner to be licensed by the State in order to dispense narcotic drugs in accordance with paragraph (1) of this subsection.''.

H.R.7302

International Affairs

Cyber Deterrence and Response Act of 2022 This bill imposes sanctions on foreign persons (individuals or entities, including agencies of a foreign state) that are knowingly responsible for or have engaged in certain state-sponsored cyber activities, generally those that originate from outside of the United States and are reasonably likely to contribute to a significant threat to U.S. national security, foreign policy, economic health, or financial stability. The bill also imposes sanctions on certain foreign persons that provide material support for such state-sponsored cyber activities.

To impose sanctions with respect to designated critical cyber threat actors, and for other purposes. Be it enacted by the Senate 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 Deterrence and Response Act of 2022''. SEC. 2. ACTIONS TO ADDRESS STATE-SPONSORED CYBER ACTIVITIES AGAINST THE UNITED STATES. (a) Designation as a Critical Cyber Threat Actor.-- (1) In general.--The President, acting through the Secretary of State, and in coordination with the heads of other relevant Federal departments and agencies, shall designate as a critical cyber threat actor-- (A) each foreign person and each agency or instrumentality of a foreign state that the President determines to be knowingly responsible for or complicit in, or have engaged in, directly or indirectly, state- sponsored cyber activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States and that have the purpose or effect of-- (i) causing a significant disruption to the availability of a computer or network of computers; (ii) harming, or otherwise significantly compromising the provision of service by, a computer or network of computers that support one or more entities in a critical infrastructure sector; (iii) significantly compromising the provision of services by one or more entities in a critical infrastructure sector; (iv) causing a significant misappropriation of funds or economic resources, trade secrets, personal identifiers, health or financial information for commercial or competitive advantage or private financial gain; (v) destabilizing the financial sector of the United States by tampering with, altering, or causing a misappropriation of data; (vi) causing a significant disruption to the energy sector of the United States by tampering with or altering data or equipment necessary for the operation of the energy sector in the United States; or (vii) interfering with or undermining election processes or government institutions by tampering with, altering, or causing misappropriation of data; (B) each foreign person that the President has determined to have knowingly, significantly, and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activities described in subparagraph (A) by a foreign person or agency or instrumentality of a foreign state designated as a critical cyber threat actor under subparagraph (A); (C) each agency or instrumentality of a foreign state that the President has determined to have significantly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activities described in subparagraph (A) by a foreign person or agency or instrumentality of a foreign state designated as a critical cyber threat actor under subparagraph (A); and (D) any person determined by the President to be responsible for or complicit in, or to have engaged in, the receipt or use for commercial or competitive advantage or private financial gain, or by a commercial entity, outside the United States of data or information, including trade secrets, misappropriated through cyber-enabled means, knowing they have been misappropriated, where the misappropriation of such trade secrets is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States or personal safety of American citizens. (2) Transmission to congress.--Not later than 7 calendar days after designating a foreign person or agency or instrumentality of a foreign state as a critical cyber threat actor under paragraph (1), the President shall transmit to the appropriate congressional committees in classified or unclassified form a report identifying the designee. (b) Non-Travel-Related Sanctions.-- (1) In general.--The President shall impose one or more of the applicable sanctions described in paragraph (2) with respect to each foreign person and each agency or instrumentality of a foreign state designated as a critical cyber threat actor under subsection (a). (2) Sanctions described.--The sanctions described in this paragraph are the following: (A) The President may provide for the withdrawal, limitation, or suspension of non-humanitarian United States development assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (B) The President may provide for the withdrawal, limitation, or suspension of United States security assistance under part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.). (C) The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the designated foreign person or the designated agency or instrumentality of a foreign state. (D) The President may direct the United States International Development Finance Corporation, or any other United States Government agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participation in the extension of credit. (E) The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from purchasing or selling any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities or investing in or purchasing significant amounts of equity or debt instruments of the designated foreign person. (F) The President may, pursuant to procedures the President shall prescribe, which shall include the opportunity to appeal actions under this subparagraph, prohibit any United States agency or instrumentality from procuring, or entering into any contract for the procurement of, any goods, technology, or services, or classes of goods, technology, or services, from the designated foreign person or the designated agency or instrumentality of a foreign state. (G) The President may terminate-- (i) sales to that country under the Arms Export Control Act (22 U.S.C. 2751 et seq.) of any defense articles, defense services, or design and construction services; and (ii) sales to that country of any item on the United States Munitions List maintained pursuant to part 121 of title 22, Code of Federal Regulations. (H) The President may prohibit the entity and, when acting for or on the entity's behalf, its successors, assigns, directors, officers, employees, representatives, or agents, from directly or indirectly participating in transactions involving any commodity, software, or technology subject to United States jurisdiction under the Export Administration Regulations (``EAR'') or any other activity subject to the EAR, including-- (i) applying for, obtaining, or using any license, license exception, or export control document; (ii) carrying out negotiations concerning, ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or servicing in any way any item exported or to be exported from the United States that is subject to the EAR; and (iii) benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR. (I) The President may prohibit any person, whether a United States or non-United States person, from engaging in the following activities, either directly or indirectly, with the entity: (i) Exporting or reexporting to or on behalf of the entity any item subject to the EAR. (ii) Facilitating the acquisition or attempted acquisition by the entity of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the entity acquires or attempts to acquire such ownership, possession or control. (iii) Acquiring from or facilitating the acquisition or attempted acquisition from the entity or any item subject to the EAR that has been exported from the United States. (iv) Obtaining from the entity in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States. (v) Engaging in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed, or controlled by the entity if such service involves the use of any item subject to the EAR that has been or will be exported from the United States (for purposes of this paragraph ``service'' means installation, maintenance, repair, modification, or testing). (J)(i) The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the designated foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under clause (i) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (K) The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between one or more financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the designated foreign person. (c) Travel-Related Sanctions.-- (1) Aliens ineligible for visas, admission, or parole.--An alien who is designated as a critical cyber threat actor under subsection (a) is-- (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (2) Current visas revoked.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of either such Secretaries) shall revoke any visa or other entry documentation issued to the foreign person designated as a critical cyber threat actor under subsection (a) regardless of when issued. A revocation under this clause shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of such foreign person. (d) Additional Sanctions With Respect to Foreign Countries.-- (1) In general.--The President may impose any of the sanctions described in paragraph (2) with respect to the government of each country that the President has determined aided, abetted, or directed a foreign person or agency or instrumentality of a foreign state designated as a critical cyber threat actor under subsection (a). (2) Sanctions described.--The sanctions referred to in paragraph (1) are the following: (A) The President may provide for the withdrawal, limitation, or suspension of non-humanitarian or non- trade-related assistance United States development assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (B) The President may provide for the withdrawal, limitation, or suspension of United States security assistance under part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.). (C) The President may instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against the extension by such institution of any loan or financial assistance to the government of the country. (D) No item on the United States Munitions List (maintained pursuant to part 121 of title 22, Code of Federal Regulations) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, may be exported to the government of the country or any entity under its influence, control, or ownership. (E)(i) No intrusion software or IP network communications surveillance systems or related items that are subject to the Export Administration Regulations, whether or not enumerated on the Commerce Control List, may be exported, reexported, or transferred, directly or indirectly, to the government of the country or any entity under its influence, control, or ownership. (ii) For purposes of this subparagraph, the terms ``intrusion software'' and ``IP network communications'' mean any-- (I) systems, equipment, or components specially designed for the generation, operation or delivery of, or communication with, with intrusion software; (II) software specially designed or modified for the development or production of such systems, equipment or components; (III) software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; and (IV) internet protocol network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components therefor, and development and production software and technology therefor. (e) 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. (f) Coordination.--To the extent practicable-- (1) actions taken by the President pursuant to this section should be coordinated with United States allies and partners; and (2) the Secretary of State should work with United States allies and partners, on a voluntary basis, to lead an international diplomatic initiative to-- (A) deter critical cyber threat actors and state- sponsored cyber activities; and (B) provide mutual support to such allies and partners participating in such initiative to respond to such state-sponsored cyber activities. (g) Exemptions, Waivers, and Removals of Sanctions and Designations.-- (1) Mandatory exemptions.--Activities subject to the reporting requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), and any authorized intelligence activities of the United States, shall be exempt from the imposition of sanctions under this section. (2) Waiver.--The President may waive, on a case-by-case basis, the imposition of sanctions described in this section for a period of not more than 1 year, and may renew such waiver for additional periods of not more than 1 year, if the President transmits to the appropriate congressional committees a written determination that such waiver meets one or more of the following requirements: (A) Such waiver is in the national interests of the United States. (B) Such waiver will further the enforcement of this Act or is for an important law enforcement purpose. (C) Such waiver is for an important humanitarian purpose. (3) Removals of sanctions and designations.--The President may prescribe rules and regulations for the removal of sanctions under subsections (b), (c), and (d) and the removal of designations under subsection (a) if the President determines that a foreign person, agency or instrumentality of a foreign state, or government of a country subject to such sanctions or such designations, as the case may be, has verifiably ceased its participation in any of the conduct with respect to which such foreign person, agency or instrumentality of a foreign state, or government was subject to such sanctions or designation, as the case may be, under this section, and has given assurances that such foreign person, agency or instrumentality of a foreign state, or government, as the case may be, will no longer participate in such conduct. (4) Exception to comply with united nations headquarters agreement.--Sanctions under subsection (c) shall not apply to a foreign person if admitting such foreign person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (h) Rule of Construction.--Nothing in this section may be construed to limit the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law to impose sanctions to address critical cyber threat actors and malicious state-sponsored cyber activities. (i) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Oversight and Reform, and the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Agency or instrumentality of a foreign state.--The term ``agency or instrumentality of a foreign state'' has the meaning given such term in section 1603(b) of title 28, United States Code. (4) Critical infrastructure sector.--The term ``critical infrastructure sector'' means any of the designated critical infrastructure sectors identified in the Presidential Policy Directive entitled ``Critical Infrastructure Security and Resilience'', numbered 21, and dated February 12, 2013. (5) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (6) Foreign state.--The term ``foreign state'' has the meaning given such term in section 1603(a) of title 28, United States Code. (7) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Misappropriation.--The term ``misappropriation'' means taking or obtaining by improper means, without permission or consent, or under false pretenses. (9) State-sponsored cyber activities.--The term ``state- sponsored cyber activities'' means any malicious cyber-enabled activities that-- (A) are carried out by a government of a foreign country or an agency or instrumentality of a foreign state; or (B) are carried out by a foreign person that is aided, abetted, or directed by a government of a foreign country or an agency or instrumentality of a foreign state. (10) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. <all>

Cyber Deterrence and Response Act of 2022

To impose sanctions with respect to designated critical cyber threat actors, and for other purposes.

Cyber Deterrence and Response Act of 2022

Rep. Pfluger, August

R

TX

This bill imposes sanctions on foreign persons (individuals or entities, including agencies of a foreign state) that are knowingly responsible for or have engaged in certain state-sponsored cyber activities, generally those that originate from outside of the United States and are reasonably likely to contribute to a significant threat to U.S. national security, foreign policy, economic health, or financial stability. The bill also imposes sanctions on certain foreign persons that provide material support for such state-sponsored cyber activities.

To impose sanctions with respect to designated critical cyber threat actors, and for other purposes. 2. ACTIONS TO ADDRESS STATE-SPONSORED CYBER ACTIVITIES AGAINST THE UNITED STATES. (iii) Acquiring from or facilitating the acquisition or attempted acquisition from the entity or any item subject to the EAR that has been exported from the United States. (J)(i) The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. A revocation under this clause shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of such foreign person. (2) Sanctions described.--The sanctions referred to in paragraph (1) are the following: (A) The President may provide for the withdrawal, limitation, or suspension of non-humanitarian or non- trade-related assistance United States development assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 1 to part 774 of title 15, Code of Federal Regulations, may be exported to the government of the country or any entity under its influence, control, or ownership. (ii) For purposes of this subparagraph, the terms ``intrusion software'' and ``IP network communications'' mean any-- (I) systems, equipment, or components specially designed for the generation, operation or delivery of, or communication with, with intrusion software; (II) software specially designed or modified for the development or production of such systems, equipment or components; (III) software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; and (IV) internet protocol network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components therefor, and development and production software and technology therefor. 1701 et seq.) (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Oversight and Reform, and the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Agency or instrumentality of a foreign state.--The term ``agency or instrumentality of a foreign state'' has the meaning given such term in section 1603(b) of title 28, United States Code. (4) Critical infrastructure sector.--The term ``critical infrastructure sector'' means any of the designated critical infrastructure sectors identified in the Presidential Policy Directive entitled ``Critical Infrastructure Security and Resilience'', numbered 21, and dated February 12, 2013. (5) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (7) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

H.R.3652

Agriculture and Food

National Food Waste Reduction Act This bill requires the Department of Agriculture's Food Loss and Waste Reduction Liaison to establish a Food Waste Research Program in partnership with five regional institutions of higher education. The program must focus on food waste reduction and food recovery issues on a national, regional, and local level and support certain areas of study, such as the diversion of surplus food to those in need and the use of food waste for environmental purposes. The program must share best practices for food waste reduction with governmental entities, agriculture organizations, farmers, and other relevant entities, and must post research and resources on its website. The bill also establishes a grant program for research centers and nonprofits to support other cooperative efforts relating to food loss and waste reduction.

To direct the Secretary of Agriculture to establish a food waste research and technical assistance program and grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Food Waste Reduction Act''. SEC. 2. FOOD WASTE RESEARCH PROGRAM. (a) Establishment.--The Food Loss and Waste Reduction Liaison of the Department of Agriculture (in this section referred to as the ``Liaison'') shall establish a partnership with 5 regional partner institutions, selected under subsection (c), to carry out a Food Waste Research Program (in this section referred to as the ``Program''). (b) Food Waste Research Program Requirements.-- (1) Duties.--In carrying out the Program, the Liaison, in partnership with the 5 regional partner institutions selected under subsection (c), shall-- (A) plan, conduct, and arrange for public research, data, education, and recommendations within the areas of study specified in paragraph (2), as such areas relate to food waste reduction and food recovery issues nationwide, regionally, and locally; (B) carry out the activities of the Program within a variety of regions in the United States, which are identified and categorized by the Liaison based on the specific food recovery and food waste reduction issues of such regions; (C) identify areas to increase efficiency in the allocation of resources, coordination, cooperation, and consolidation of efforts as they relate to local, statewide, Tribal, regional, and Federal food recovery and food waste reduction efforts; (D) create a Program website, as described in paragraph (4), to disseminate information to the public; and (E) collaborate with other colleges, universities, and nonprofit organizations in the regions selected by the Liaison that have demonstrated capability for research, information dissemination, and professional training in order to develop regional networks that are knowledgeable in food waste reduction issues. (2) Areas of study.--In carrying out the duties listed in subsection (a), the Liaison and the regional partner institutions shall consider the following areas of study: (A) Reducing the volume of surplus food produced. (B) Feeding individuals in need to utilize excess food, including through the use of donations of surplus food. (C) Diverting food unusable for purposes of subparagraph (B) to feed animals. (D) Utilizing food waste to create renewable energy sources. (E) Composting food waste to create nutrient rich soil. (F) Diminishing the deposits of food waste in landfills and reducing the incineration of food waste. (3) Use of funds.-- (A) In general.--The Liaison may make funds available under this section to improve the facilities of the regional partner institutions to a level that meets the requirements of the role of a regional partner institution. (B) Plan.--A regional partner institution may not receive any funding for any facility upgrade under subparagraph (A), unless-- (i) the regional partner institution submits to the Liaison a plan detailing the type of facility construction or improvements to take place (including any land acquisition, engineering, design, and staffing and equipment needs, in addition to other information as required by the Liaison); and (ii) the Liaison approves such plan. (C) Non-federal cost share for facility improvement.--A regional partner institutions shall be required to provide at least a 20 percent non-Federal cost share for facility improvement or construction projects pursued by a regional partner institution under subparagraph (A). (D) Matching funds for operating expenses.--A regional partner institution shall be required to provide at least a 30 percent non-Federal cost share for all Program operating expenses related to such regional partner institution. (E) Wage rate requirements.--A construction activity carried out pursuant to this section shall meet Federal prevailing wage requirements 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''). (4) Food waste research program website.--The Liaison shall establish a website that shall contain at least the following information: (A) Key findings and best practices. (B) A list of collaborations and partnerships carried out pursuant to this section. (C) Annual reports and other pertinent information on the duties of the Program. (D) The location and contact information for regional partner institutions. (E) Federal, State, local, and regionally specific public research, data, education, and policy recommendations that shall be updated in a timely manner with new information. (F) Tools for tracking reduction efforts and measuring food waste production. (c) Selection of Regional Partner Institutions.-- (1) In general.--Not later than 180 days after the date of the enactment of this section, the Liaison shall select 5 regional partner institutions to partner with to carry out the requirements of the Program. (2) Criteria for regional partner institutions.--In making a selection under paragraph (1), the Liaison shall select an institution of higher education that-- (A) has a focus or expertise in at least one of the areas of study described in subsection (b)(2); (B) has the ability to plan, conduct, and arrange for public research, data, education, and recommendations related to food waste reduction and the areas of study described in subsection (b)(2); (C) can assist the Liaison in fulfilling the duties listed in subsection (b)(1); (D) can contribute the required non-Federal funding to maintain a regional partner institution center; and (E) satisfies any other criteria determined by the Liaison. (3) Eligible sub-awardees.--A State, Tribal, or local government, local educational agency, agricultural or commodity organization, farmer, or other organization focused on food waste prevention may serve as an eligible sub-awardee of a regional partner institution if the entity meets the requirements of subparagraphs (A) through (C) of paragraph (2). (4) Employment status.--Members of regional partner institutions shall not be considered Federal employees for any purpose. (d) Collaboration With Federal, Regional, State, Tribal, and Local Governments and Organizations.--The Liaison, in conjunction with the 5 regional partner institutions selected under subsection (c) shall collaborate and share best practices on regional, State, Tribal, and locally specific food waste and food waste reduction issues with-- (1) State and county governments; (2) Tribal governments; (3) units of local government; (4) local educational entities; (5) colleges and universities; (6) agricultural and commodity organizations; (7) farmers; and (8) organizations focused on food waste prevention. (e) Information Collection and Dissemination.-- (1) Report of regional partner institutions.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the regional partnership institutions shall submit to the Liaison a report containing the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information carried out under the Program. (2) Liaison report.--Not later than 15 months after the date of the enactment of this section, and annually thereafter, the Liaison shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and publish on the Program website an annual report containing a compilation of the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information relating to the Program. (3) Review of report.--The Liaison shall review the annual report from the regional partner institutions to ensure that funds are being used efficiently according to the duties of the Program and that the Program is producing utilizable public research, data, education, and recommendations related to food waste and food waste reduction issues. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022. SEC. 3. GRANTS TO RESEARCH CENTERS OR NON-PROFIT ORGANIZATIONS. (a) Grant Authority.--Not later than 180 days after the date of the enactment of this section, the Food Loss and Waste Reduction Liaison of the Department of Agriculture (in this section referred to as the ``Liaison'') shall establish a grant program under which the Liaison shall make grants to eligible entities, on a competitive basis, to establish contracts or cooperative agreements described in subsection (c) of section 224 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924(c)) with such eligible entities to carry out the duties described in subsection (b) of such section. (b) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Liaison an application at such time and in such manner as the Liaison may require. (c) Criteria.--In making grants under this section, the Liaison shall consider, with respect to each applicant, the following: (1) The alignment of food loss and recovery programs and resources developed by such applicant with the Environmental Protection Agency Food Recovery Hierarchy. (2) The ability of the facilities and resources of such applicant to develop and deliver food loss reduction and recovery programs. (3) The experience of such applicant in developing high- impact food loss reduction and recovery programs and resources at the State, Tribal, regional, or national scale. (4) Previous collaboration of such applicant with other food loss reduction and recovery focused organizations in the private, nonprofit, and government sectors. (5) Any other information that the Liaison shall require. (d) Use of Funds.--An eligible entity that receives a grant under this section shall use such grant to carry out the activities described in subsection (c) of section 224 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924(c)) to accomplish the duties described in subsection (b) of such section. (e) Duration.--Each grant under this section shall be for a period of 3 years. (f) Grant Renewal.--The Liaison may renew a grant under this section for an additional period of 3 years. (g) Federal Share.--The Federal share of a grant under this section shall not exceed 70 percent of the costs of the activities carried out under this section. (h) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Liaison shall submit to Congress a report describing the activities conducted under this section and the effects of such activities on food loss and waste reduction nationally. (i) Eligible Entity Defined.--The term ``eligible entity'' means a research center or nonprofit organization described in section 224(c) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924(c)). (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022. <all>

National Food Waste Reduction Act

To direct the Secretary of Agriculture to establish a food waste research and technical assistance program and grant program, and for other purposes.

National Food Waste Reduction Act

Rep. Axne, Cynthia

D

IA

This bill requires the Department of Agriculture's Food Loss and Waste Reduction Liaison to establish a Food Waste Research Program in partnership with five regional institutions of higher education. The program must focus on food waste reduction and food recovery issues on a national, regional, and local level and support certain areas of study, such as the diversion of surplus food to those in need and the use of food waste for environmental purposes. The program must share best practices for food waste reduction with governmental entities, agriculture organizations, farmers, and other relevant entities, and must post research and resources on its website. The bill also establishes a grant program for research centers and nonprofits to support other cooperative efforts relating to food loss and waste reduction.

SHORT TITLE. This Act may be cited as the ``National Food Waste Reduction Act''. 2. FOOD WASTE RESEARCH PROGRAM. (2) Areas of study.--In carrying out the duties listed in subsection (a), the Liaison and the regional partner institutions shall consider the following areas of study: (A) Reducing the volume of surplus food produced. (D) Utilizing food waste to create renewable energy sources. (B) Plan.--A regional partner institution may not receive any funding for any facility upgrade under subparagraph (A), unless-- (i) the regional partner institution submits to the Liaison a plan detailing the type of facility construction or improvements to take place (including any land acquisition, engineering, design, and staffing and equipment needs, in addition to other information as required by the Liaison); and (ii) the Liaison approves such plan. (E) Wage rate requirements.--A construction activity carried out pursuant to this section shall meet Federal prevailing wage requirements 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''). (4) Food waste research program website.--The Liaison shall establish a website that shall contain at least the following information: (A) Key findings and best practices. (B) A list of collaborations and partnerships carried out pursuant to this section. (D) The location and contact information for regional partner institutions. (E) Federal, State, local, and regionally specific public research, data, education, and policy recommendations that shall be updated in a timely manner with new information. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022. SEC. 3. GRANTS TO RESEARCH CENTERS OR NON-PROFIT ORGANIZATIONS. 6924(c)) with such eligible entities to carry out the duties described in subsection (b) of such section. (3) The experience of such applicant in developing high- impact food loss reduction and recovery programs and resources at the State, Tribal, regional, or national scale. (4) Previous collaboration of such applicant with other food loss reduction and recovery focused organizations in the private, nonprofit, and government sectors. (5) Any other information that the Liaison shall require. (d) Use of Funds.--An eligible entity that receives a grant under this section shall use such grant to carry out the activities described in subsection (c) of section 224 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. (g) Federal Share.--The Federal share of a grant under this section shall not exceed 70 percent of the costs of the activities carried out under this section. (h) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Liaison shall submit to Congress a report describing the activities conducted under this section and the effects of such activities on food loss and waste reduction nationally. 6924(c)).

H.R.6232

Agriculture and Food

This bill requires the Department of Agriculture (USDA) to submit a report on the potential costs and benefits of its proposed rule governing the importation of live sheep, goats, other ruminants, and products derived from sheep and goats. It also bars USDA from finalizing, implementing, administering, or enforcing the rule until one year after the date that USDA submits the report.

To delay the implementation of a rule relating to the importation of sheep and goats and products derived from sheep and goats, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DELAYED IMPLEMENTATION OF RULE RELATING TO IMPORTATION OF SHEEP AND GOATS AND PRODUCTS DERIVED FROM SHEEP AND GOATS. (a) In General.--During the period beginning on the date of the enactment of this Act and ending on the date that is 1 year after the date on which the report is submitted under subsection (b), the Secretary of Agriculture, and any other Federal official, may not finalize, implement, administer, or enforce the proposed rule entitled ``Importation of Sheep, Goats, and Certain Other Ruminants'' (81 Fed. Reg. 46619) and dated July 18, 2016. (b) Study and Report.-- (1) Study.-- (A) In general.--The Secretary of Agriculture shall conduct a study on the potential costs and benefits of the rule referred to in subsection (a). (B) Contents.--The study required by subparagraph (A) shall assess-- (i) the estimated amount of sheep and goat meat imported into the United States as a result of the implementation of the rule referred to in subsection (a); (ii) the estimated increase in the number of live sheep and goats imported into the United States as a result of the rule; (iii) the estimated demand for sheep and goat meat in the United States during the 10- year period beginning on the date of the enactment of this Act, disaggregated by region and State; (iv) the impact of the COVID-19 pandemic on the economic data and market conditions for imports of sheep and goat meat and live sheep and goats; (v) the potential effects of the rule on-- (I) the supply and prices of live sheep and goats in the United States; (II) producers of and markets for live sheep and goats in the United States, disaggregated by region and State; (III) export opportunities for United States producers of sheep and goat meat; (IV) the competitiveness of the sheep and goat industries in the United States; (V) consumer confidence in sheep and goat meat; (VI) the health of sheep and goat herds in the United States; and (VII) disease outbreaks across species of animals; (vi) the estimated amount of direct payments made by foreign countries to producers of live sheep and goats in such countries as a result of the implementation of the rule referred to in subsection (a); and (vii) any negative impacts that could result from the implementation of the rule referred to in subsection (a) not covered by clauses (i) through (vi). (2) Report.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the committees specified in subparagraph (B) a report that includes-- (i) an analysis of the results of the study conducted under paragraph (1); and (ii) recommendations for changes to the rule referred to in subsection (a) to eliminate or mitigate any negative effects of the implementation of the rule. (B) Committees specified.--The committees specified in this subparagraph are-- (i) the Committee on Agriculture, Nutrition, and Forestry, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Agriculture, the Committee on Foreign Affairs, and the Committee on Oversight and Reform of the House of Representatives. <all>

To delay the implementation of a rule relating to the importation of sheep and goats and products derived from sheep and goats, and for other purposes.

To delay the implementation of a rule relating to the importation of sheep and goats and products derived from sheep and goats, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To delay the implementation of a rule relating to the importation of sheep and goats and products derived from sheep and goats, and for other purposes.

Rep. Pfluger, August

R

TX

This bill requires the Department of Agriculture (USDA) to submit a report on the potential costs and benefits of its proposed rule governing the importation of live sheep, goats, other ruminants, and products derived from sheep and goats. It also bars USDA from finalizing, implementing, administering, or enforcing the rule until one year after the date that USDA submits the report.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DELAYED IMPLEMENTATION OF RULE RELATING TO IMPORTATION OF SHEEP AND GOATS AND PRODUCTS DERIVED FROM SHEEP AND GOATS. (a) In General.--During the period beginning on the date of the enactment of this Act and ending on the date that is 1 year after the date on which the report is submitted under subsection (b), the Secretary of Agriculture, and any other Federal official, may not finalize, implement, administer, or enforce the proposed rule entitled ``Importation of Sheep, Goats, and Certain Other Ruminants'' (81 Fed. Reg. 46619) and dated July 18, 2016. (b) Study and Report.-- (1) Study.-- (A) In general.--The Secretary of Agriculture shall conduct a study on the potential costs and benefits of the rule referred to in subsection (a). (B) Contents.--The study required by subparagraph (A) shall assess-- (i) the estimated amount of sheep and goat meat imported into the United States as a result of the implementation of the rule referred to in subsection (a); (ii) the estimated increase in the number of live sheep and goats imported into the United States as a result of the rule; (iii) the estimated demand for sheep and goat meat in the United States during the 10- year period beginning on the date of the enactment of this Act, disaggregated by region and State; (iv) the impact of the COVID-19 pandemic on the economic data and market conditions for imports of sheep and goat meat and live sheep and goats; (v) the potential effects of the rule on-- (I) the supply and prices of live sheep and goats in the United States; (II) producers of and markets for live sheep and goats in the United States, disaggregated by region and State; (III) export opportunities for United States producers of sheep and goat meat; (IV) the competitiveness of the sheep and goat industries in the United States; (V) consumer confidence in sheep and goat meat; (VI) the health of sheep and goat herds in the United States; and (VII) disease outbreaks across species of animals; (vi) the estimated amount of direct payments made by foreign countries to producers of live sheep and goats in such countries as a result of the implementation of the rule referred to in subsection (a); and (vii) any negative impacts that could result from the implementation of the rule referred to in subsection (a) not covered by clauses (i) through (vi). (B) Committees specified.--The committees specified in this subparagraph are-- (i) the Committee on Agriculture, Nutrition, and Forestry, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Agriculture, the Committee on Foreign Affairs, and the Committee on Oversight and Reform of the House of Representatives.

H.R.9668

Taxation

School Infrastructure Finance and Innovation Act or the SIFIA Act This bill allows a new tax credit for the issuance of school infrastructure finance and innovation bonds (SIFIA bonds). The bill defines SIFIA bonds as any bond issue if 100% of the project proceeds of such issue are to be used for the design, construction, expansion, renovation, furnishing, or equipping of qualified school facilities.

To amend the Internal Revenue Code of 1986 to provide for school infrastructure finance and innovation tax credit bonds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Infrastructure Finance and Innovation Act'' or the ``SIFIA Act''. SEC. 2. SIFIA BONDS. (a) In General.--Part IV of subchapter A of chapter 1 is amended by adding at the end the following new subpart: ``Subpart K--SIFIA Bonds ``Sec. 54BB. SIFIA bonds. ``SEC. 54BB. SIFIA BONDS. ``(a) In General.--If a taxpayer holds a SIFIA bond on one or more interest payment dates of the bond during any taxable year, 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 the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any interest payment date for a SIFIA bond is 100 percent of the amount of interest payable by the issuer with respect to such date. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C and this subpart). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). ``(d) Interest Payment Date.--For purposes of this section, the term `interest payment date' means any date on which the holder of record of the SIFIA bond is entitled to a payment of interest under such bond. ``(e) Sifia Bonds.-- ``(1) In general.--For purposes of this section, the term `SIFIA bond' means any bond issued as part of an issue if-- ``(A) 100 percent of the available project proceeds of such issue are to be used for the design, construction, expansion, renovation, furnishing, or equipping of qualified school facilities (as defined in paragraph (5) of this subsection) pursuant to an agreement under which a private, for-profit entity agrees with a State or local educational agency-- ``(i) to construct, expand, or renovate one or more buildings constituting the qualified school facilities (together with any related design, furnishing, and equipping of such buildings), ``(ii) to operate the facilities at least until the date the facilities are first placed in service and operating substantially at their design level, and ``(iii) at or before the end of the agreement, to transfer the facilities to such agency for no additional consideration, ``(B) all buildings whose construction, expansion, or renovations is included in the qualified school facilities being financed with proceeds of a SIFIA bond are reasonably expected to be net-zero energy buildings as defined in section 410(20) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(20), treating school buildings as `commercial buildings' for purposes of that section), ``(C) the interest on such bond would (but for this section and section 141) be excludable from gross income under section 103, ``(D) the issuer designates such bond as a SIFIA bond for purposes of this subsection, ``(E) the bond is not issued with more than a de minimis amount of premium (determined under rules similar to the rules of section 1273(a)(3)) over the stated principal amount of the bond, ``(F) the issue of which such bond is a part satisfies the expenditure period requirements of paragraph (2), and ``(G) the bond is issued before January 1, 2027. ``(2) 6-year expenditure period.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects 100 percent of the available project proceeds to be spent for purposes described in subparagraphs (1)(A) and (1)(B) within the 6-year period beginning on such date of issuance. ``(B) Failure to spend required amount of bond proceeds within 6 years.--To the extent that less than 100 percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph (A) with respect to such issue, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 141. ``(3) Limitation on amount of sifia bonds designated.-- ``(A) Overall limitation.--The maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (2)(D) is $200,000,000,000. ``(B) Set-aside for rural areas.--Subject to the provisions of this subparagraph, $45,000,000,000 of the overall limitation described in subparagraph (A) shall be set aside for projects located in rural areas. As used in this section, the term `rural area' means any area which is-- ``(i) outside of a metropolitan statistical area (as such area is defined by the Secretary of Commerce), or ``(ii) determined by the Secretary of Agriculture, after consultation with the Secretary of Commerce, to be a rural area. ``(4) Allocation of limitation.--The authority to issue SIFIA bonds within the limitations set forth in paragraph (3) shall be allocated by the Secretary to prospective issuers on a first come-first served basis, under rules to be prescribed by the Secretary, provided that-- ``(A) no issuer (together with any entities that would be aggregated with such issuer under section 265(b)(3)(E)) shall be allocated the authority to issue more than $15,000,000,000 in aggregate face amount of SIFIA bonds under this subsection, ``(B) an issuer applying for an allocation shall certify (based on the certifications of any conduit borrower of bond proceeds where applicable) that it reasonably expects to commence the project to be financed with proceeds of the bonds within 6 months of the issue date of the bonds, and to expend all of the available project proceeds within 6 years of the issue date of the bonds, ``(C) in making such allocations, the Secretary shall give preference to the financing of projects that are reasonably expected to be commenced and completed as early as possible, based on definite, non-contingent plans and arrangements to proceed as expeditiously as possible with the construction, expansion, or renovation of the project facilities upon the receipt of financing, and ``(D) in making such allocations, the Secretary shall also give preference to the financing of projects for which either (i) at least 10 percent of the equity investment is provided by one or more preferred concerns, (ii) the general contractor is a preferred concern, or (iii) at least 30 percent of the amounts paid to building trade subcontractors will be paid to subcontractors that are preferred concerns. ``(5) Qualified school facilities.--For purposes of this subsection, the term `qualified school facilities' means one or more school buildings for a public elementary school or public secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), or for administrative or support facilities relating to such school facilities, together with related furnishings and equipment. ``(6) Preferred concern.--For purposes of this subsection, the term `preferred concern' means either a small business concern, a minority owned concern, or a woman owned concern. ``(7) Small business concern.--For purposes of this subsection, the term `small business concern' means an entity determined to be a small business concern under 15 U.S.C. 632(a). ``(8) Minority owned.--For purposes of this subsection, the term `minority owned' with respect to an entity means an entity not less than 51 percent of which is owned by 1 or more individuals who are citizens of the United States and who are Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native. ``(9) Woman owned.--For purposes of this subsection, the term `woman owned' with respect to an entity means an entity not less than 51 percent of which is owned by 1 or more women. ``(f) Other Applicable Rules.-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any SIFIA bond shall be includible in gross income. ``(2) Credit treated as interest.--For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income. ``(3) S corporations and partnerships.--In the case of a tax credit bond held by an S corporation or partnership, the allocation of credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. ``(4) Bonds held by real estate investment trusts.--If any qualified tax credit bond is held by a real estate investment trust the credit determined under subsection (a) shall be allowed to beneficiaries of such trust (and any gross income included under paragraph (2) with respect to such credit shall be distributed to such beneficiaries) under procedures prescribed by the Secretary (similar to the procedures prescribed by the Secretary under section 54A(h) (as in effect before its repeal by Public Law 115-97)). ``(5) Credits may be stripped.--Under regulations prescribed by the Secretary (similar to regulations prescribed under section 54A(i) (as in effect before its repeal by Public Law 115-97))-- ``(A) In general.--There may be a separation (including at issuance) of the ownership of a qualified tax credit bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(B) Certain rules to apply.--In the case of a separation described in subparagraph (A), the rules of section 1286 shall apply to the qualified tax credit bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(6) Not treated as federally guaranteed.--For purposes of section 149(b), a SIFIA bond shall not be treated as federally guaranteed by reason of the credit allowed under subsection (g). ``(7) Yield determination.--For purposes of section 148, the yield on a SIFIA bond shall be determined without regard to the credit allowed under subsection (a). ``(8) Maximum interest rate.--An issue shall be treated as meeting the requirements of this section if the rate of interest payable on any bond which is part of such issue is no greater than the rate which the Secretary estimates will permit the issuance of each such bond with a specified maturity or redemption date without discount and without interest cost to the issuer. The applicable interest rate with respect to any such bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. ``(9) Maturity limitation.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this section if the maturity of any bond which is part of such issue does not exceed the maximum term determined by the Secretary under subparagraph (B). ``(B) Maximum term.--During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 20 percent of the face amount of such bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year. ``(10) Depreciation.--If the school facilities financed with proceeds of SIFIA bonds are owned by a person otherwise entitled to allowance for depreciation with respect to such facility, that person may make an irrevocable election (binding on any successors in interest) not to claim depreciation with respect to the property financed with proceeds of the SIFIA bonds for so long as the issue of which such bonds are a part is outstanding. Such election shall be deemed to have been made if the person fails to claim depreciation with respect to the property in the first tax return filed by the person in which such depreciation could have been claimed. To the extent the person elects not to claim depreciation under this paragraph, the basis of the financed property shall not be reduced under section 1016 or otherwise for the depreciation that could have been claimed. ``(g) Direct-Pay Credit Payments.-- ``(1) Election.--In lieu of the tax credits otherwise provided for under this section, the issuer of a SIFIA bond may elect to be allowed a credit with respect to each interest payment under such bond, which shall be payable by the Secretary in the amounts and at the times set forth in paragraph (2). ``(2) Amount and timing of credit payments.--The Secretary shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes interest payments on behalf of the issuer) 100 percent of the interest payable under such bond on such date. ``(3) Election.--The election under paragraph (1) shall be made in writing before the first interest payment date with respect to the bond in such form and manner as the Secretary shall prescribe. Such election, once made, shall be irrevocable. ``(4) Other applicable rules.--In the case of a SIFIA bond with respect to which an election is made under this subsection, the following rules shall apply: ``(A) Interest on any such bond shall be includible in gross income for purposes of this title. ``(B) Any payments made under this subsection shall not be includible as income for purposes of this title. ``(C) The deduction otherwise allowable under this title with respect to interest paid under such bond shall be reduced by the amount of the payment made under this subsection with respect to that interest. ``(D) For purposes of section 148, the yield on a SIFIA bond for which credit payments have been elected under this subsection shall be reduced by the amount of such credit payments.''. (b) Clerical Amendments.--The table of subparts for part IV of subchapter A of chapter 1 is amended by adding at the end the following: ``subpart k--sifia bonds''. (c) Direct Purchases of SIFIA Bonds.--The Secretary shall purchase SIFIA bonds that the issuer is otherwise unable to sell, subject to procedures and credit standards to be established by the Secretary, which standards and procedures shall be similar to those applicable to loans made under lines of credit under section 1503 of the Transportation Infrastructure Finance and Innovation Act of 1998 (23 U.S.C. 184). (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2021. <all>

SIFIA Act

To amend the Internal Revenue Code of 1986 to provide for school infrastructure finance and innovation tax credit bonds.

SIFIA Act School Infrastructure Finance and Innovation Act

Rep. Sewell, Terri A.

D

AL

This bill allows a new tax credit for the issuance of school infrastructure finance and innovation bonds (SIFIA bonds). The bill defines SIFIA bonds as any bond issue if 100% of the project proceeds of such issue are to be used for the design, construction, expansion, renovation, furnishing, or equipping of qualified school facilities.

SHORT TITLE. SEC. 54BB. SIFIA BONDS. ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any interest payment date for a SIFIA bond is 100 percent of the amount of interest payable by the issuer with respect to such date. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). ``(B) Set-aside for rural areas.--Subject to the provisions of this subparagraph, $45,000,000,000 of the overall limitation described in subparagraph (A) shall be set aside for projects located in rural areas. As used in this section, the term `rural area' means any area which is-- ``(i) outside of a metropolitan statistical area (as such area is defined by the Secretary of Commerce), or ``(ii) determined by the Secretary of Agriculture, after consultation with the Secretary of Commerce, to be a rural area. ``(5) Qualified school facilities.--For purposes of this subsection, the term `qualified school facilities' means one or more school buildings for a public elementary school or public secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. ``(6) Preferred concern.--For purposes of this subsection, the term `preferred concern' means either a small business concern, a minority owned concern, or a woman owned concern. ``(2) Credit treated as interest.--For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income. ``(3) S corporations and partnerships.--In the case of a tax credit bond held by an S corporation or partnership, the allocation of credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. ``(9) Maturity limitation.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this section if the maturity of any bond which is part of such issue does not exceed the maximum term determined by the Secretary under subparagraph (B). Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. Such election shall be deemed to have been made if the person fails to claim depreciation with respect to the property in the first tax return filed by the person in which such depreciation could have been claimed. Such election, once made, shall be irrevocable. (b) Clerical Amendments.--The table of subparts for part IV of subchapter A of chapter 1 is amended by adding at the end the following: ``subpart k--sifia bonds''.

S.3283

Environmental Protection

Protect America's Children from Toxic Pesticides Act This bill modifies provisions related to the registration, distribution, sale, and use of pesticides, including by cancelling the registration of organophosphates, neonicotinoids, and paraquat and by creating a process for interested individuals to submit a petition to designate an active ingredient or pesticide as a dangerous pesticide.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America's Children from Toxic Pesticides Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Environmental Protection Agency (referred to in this section as the ``EPA'') regularly fails to incorporate updated scientific understanding to protect human health and the environment from the harmful effects of pesticide products, as envisioned by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), resulting in the use of billions of pounds of pesticides every year that were approved based on outdated science; (2) the United States lags behind the European Union and other developed nations in protecting its people and its environment from toxic chemicals, allowing the use of 72 pesticides that have been banned or are being phased out in the European Union alone; (3) the EPA registers nearly 65 percent of pesticides through conditional registrations and frequently waives requirements to extend the use of conditional registrations prior to completion of comprehensive registration; (4) the EPA permits the continued sale of potentially dangerous stocks of pesticides after registration has been canceled, suspended, or otherwise voided; (5) the EPA uses emergency exemptions to keep pesticides on the market for years without undergoing a comprehensive registration process that would ensure the safe use of the pesticides; (6) the EPA is prohibited from requiring the disclosure of inert ingredients, even though inert ingredients can account for 99 percent of a pesticide product and include carcinogenic and toxic chemicals; (7) scientists have repeatedly linked exposure to organophosphate pesticides to neurodevelopmental damage in children; (8) the United States Fish and Wildlife Service and the National Marine Fisheries Service have determined that organophosphate pesticides jeopardize the survival of 97 percent of endangered species; (9) neonicotinoid pesticides are contributing to the rapid decline of pollinators and the deterioration of pollinator health, including impaired foraging behavior and increased susceptibility to viruses, diseases, and parasites; (10) exposure to paraquat-- (A) causes heart failure, kidney failure, liver failure, lung scarring, and damage to brain cells; and (B) greatly increases the risk of developing Parkinson's disease; (11) local communities have been blocked by States from enacting pesticide restrictions to protect people and environment from toxic chemicals; and (12) farmworkers are-- (A) disproportionately exposed to and harmed by pesticide use; and (B) afforded inadequate safeguards and far less protection than industrial workers. SEC. 3. ENDING INDEFINITE DELAYS ON REVIEW OF DANGEROUS PESTICIDES. (a) Definitions.-- (1) In general.--Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended-- (A) by striking subsection (z) and inserting the following: ``(z) Registration.--The term `registration' means the approval of an active ingredient or pesticide product under this Act-- ``(1) that has not previously been registered under this Act; or ``(2) for a crop or use for which the active ingredient or pesticide has not previously been registered under this Act.''; (B) by redesignating subsections (aa) through (oo) as subsections (bb) through (pp), respectively; and (C) by inserting after subsection (z) the following: ``(aa) Registration Review Determination.-- ``(1) In general.--The term `registration review determination' means the final decision to renew the registration of a pesticide product or active ingredient to authorize the use of the pesticide product or active ingredient-- ``(A) for an additional 15-year period from the date of the previous registration, reregistration, or registration review determination, as applicable; and ``(B) in compliance with all applicable laws and regulations. ``(2) Exclusion.--The term `registration review determination' does not include any interim determination regarding the continued use of a pesticide product or active ingredient by the Administrator.''. (2) Conforming amendments.-- (A) Section 2(e)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(e)(1)) is amended by striking ``subsection (ee)'' and inserting ``subsection (ff)''. (B) Section 3(h)(3)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)(3)(E)) is amended by striking ``section 2(mm)'' and inserting ``section 2(nn)''. (C) Section 33(b)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(3)) is amended-- (i) by striking ``Sec. 2(mm)'' each place it appears and inserting ``section 2(nn)''; and (ii) by striking ``Section 2(ll)(2)'' and inserting ``section 2(mm)(2)''. (b) Suspension of Dangerous Pesticides on Failure To Complete Registration Review on Time.--Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1) is amended by adding at the end the following: ``(o) Suspension of Dangerous Pesticides on Failure To Complete Registration Review on Time.-- ``(1) Definition of dangerous pesticide.--In this subsection, the term `dangerous pesticide' means an active ingredient or pesticide product that may-- ``(A) be carcinogenic; ``(B) be acutely toxic; ``(C) be an endocrine disruptor; ``(D) cause harm to a pregnant woman or a fetus; or ``(E) cause neurological or developmental harm. ``(2) Petitions to designate dangerous pesticides.-- ``(A) In general.--An interested person may submit a petition under section 553(e) of title 5, United States Code, to designate an active ingredient or pesticide product as a dangerous pesticide under this subsection. ``(B) Review.-- On receipt of a petition under subparagraph (A), the Administrator shall review the petitions submitted by interested persons under that subparagraph relating to that active ingredient or pesticide product to determine if the active ingredient or pesticide product may warrant designation as a dangerous pesticide. ``(3) Initial findings.-- ``(A) In general.--Not later than 90 days after the receipt of a petition described in paragraph (2)(A), the Administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the designation of the petitioned active ingredient or pesticide product as a dangerous pesticide may be warranted. ``(B) Failure to review petition.--If the Administrator fails make a finding on a petition by the date required under subparagraph (A), the active ingredient or pesticide product that is the subject of the petition shall be deemed to be a dangerous pesticide. ``(C) Full consideration of all science.-- ``(i) In general.--In making a finding as to whether a petition provides substantial scientific information that an active ingredient or pesticide product may warrant designation as a dangerous pesticide under subparagraph (A), the Administrator shall fully consider all relevant evidence, including-- ``(I) epidemiological studies or data; ``(II) peer-reviewed literature; and ``(III) data generated by-- ``(aa) a Federal or State agency; or ``(bb) an agency of a foreign government. ``(ii) Requirement.--The Administrator shall not discount or ignore information provided in a petition described in paragraph (2)(A) based on any criteria under part 152 or 160 of title 40, Code of Federal Regulations (or successor regulations). ``(4) Suspensions of pesticide.-- ``(A) In general.--Notwithstanding any other provision of law, on a finding under paragraph (3)(A) that an active ingredient or pesticide product may warrant designation as a dangerous pesticide, or on operation of paragraph (3)(B), the Administrator shall immediately suspend the registration of the active ingredient or pesticide product if a valid reregistration eligibility decision or registration review determination has not been made regarding the active ingredient or pesticide product during the 15- year period ending on the date of that finding or operation. ``(B) Duration.--The registration of an active ingredient or pesticide product suspended under subparagraph (A) shall remain suspended until such time as the Administrator makes a registration review determination in accordance with this section. ``(5) Existing stocks.--In accordance with section 6(a)(1), the Administrator shall not permit the continued sale and use of existing stocks of an active ingredient or pesticide product the registration of which has been suspended under paragraph (4). ``(6) Cancellation.--Notwithstanding any other provision of law, including section 6(b), if the Administrator fails to suspend the registration of an active ingredient or pesticide product that may warrant designation as a dangerous pesticide as required by this subsection by not later than 60 days after any deadline described in this subsection-- ``(A) the registration of the active ingredient or pesticide product shall be immediately and permanently canceled by operation of law and without any further proceedings; and ``(B) in accordance with section 6(a)(1), the sale of existing stocks of the active ingredient or pesticide product shall be prohibited. ``(7) Inapplicability of ireds.--Notwithstanding any other provision of law, an interim registration review decision or any other interim determination with respect to an active ingredient or pesticide product shall have no force or effect regarding any requirement of this subsection.''. SEC. 4. EMERGENCY REVIEW OF PESTICIDES BANNED IN OTHER NATIONS. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) is amended by adding at the end the following: ``(i) Suspension and Expedited Review of Banned Pesticides.-- ``(1) Suspension of banned pesticides.--The Administrator shall immediately suspend the registration of any active ingredient or pesticide product that is-- ``(A) banned or otherwise prohibited from entering the market by the European Union, 1 or more countries in the European Union, or Canada; and ``(B) registered for use within the United States. ``(2) Expedited review.--The Administrator shall complete an expedited review of the justification and rationale for the ban of a pesticide by the European Union or a country described in paragraph (1)(A). ``(3) Cancellation.-- ``(A) In general.--Notwithstanding any other provision of law, including section 6(b), unless the Administrator determines after a review under paragraph (2) that the decision to ban a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous, the registration that is suspended shall be canceled not later than 2 years after the date of completion of the review. ``(B) Full consideration of all science.-- ``(i) In general.--In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), the Administrator shall fully consider all relevant evidence, including-- ``(I) epidemiological studies or data; ``(II) peer-reviewed literature; and ``(III) data generated by-- ``(aa) a State or Federal agency; or ``(bb) an agency of a foreign government. ``(ii) Treatment of information.-- Notwithstanding any requirements or criteria under parts 152 and 160 of title 40, Code of Federal Regulations (or successor regulations), the Administrator shall not discount, otherwise ignore, or give disproportionately more or less weight to evidence described in clause (i). ``(C) Consideration of economic cost prohibited.-- In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), the Administrator shall not consider any economic analysis of the benefits or costs of continuing to register the pesticide. ``(D) Public comment.--Prior to making a final determination under subparagraph (A), the Administrator shall provide a draft determination for not less than 90 days of public comment.''. SEC. 5. ENSURING ACCOUNTABILITY IN CONDITIONAL REGISTRATIONS. (a) In General.--Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is amended by striking subparagraph (C) and inserting the following: ``(C) Time limits on conditional registrations.-- ``(i) In general.--Notwithstanding any other provision of this subsection or section 6(e), the Administrator shall provide not longer than 2 years for the terms and requirements of any conditional registration under this paragraph to be met by the registrant. ``(ii) Cancellation.--The Administrator shall cancel a conditional registration under this paragraph unless the registrant fully complies with all conditions by the earlier of-- ``(I) all deadlines established by the Administrator; and ``(II) 2 years after the effective date of the conditional registration. ``(iii) Existing conditional registrations.--Notwithstanding any other provision of law, as of the date of enactment of this clause, each outstanding conditional registration under this paragraph for which the registrant has not fulfilled all conditions of the conditional registration shall be canceled. ``(iv) Reports.-- ``(I) In general.--Not later than December 31 of each calendar year, the Administrator shall submit to Congress an annual report describing the total number of conditional registrations under this paragraph that were registered during the immediately preceding fiscal year. ``(II) Contents.--A report under subclause (I) shall include a description of-- ``(aa) each conditionally registered pesticide and the conditions imposed, including any modification of those conditions; and ``(bb) the quantity produced of each pesticide described in item (aa).''. (b) Conforming Amendment.--Section 6(e) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(e)) is amended-- (1) in paragraph (1), by striking the last sentence and inserting ``The Administrator shall not permit the continued sale and use of existing stocks of a pesticide the conditional registration of which has been canceled.''; and (2) in paragraph (2), in the third sentence, by striking ``, and whether the Administrator's determination with respect to the disposition of existing stocks is consistent with this Act''. SEC. 6. PROHIBITION ON THE SALE OR USE OF EXISTING STOCKS OF SUSPENDED OR CANCELED PESTICIDES. Section 6(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(a)) is amended by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following: ``(a) Prohibition on the Sale or Use of Existing Stocks; Information.-- ``(1) Existing stocks.--The Administrator shall not permit the continued sale or use of existing stocks of a pesticide the registration of which is-- ``(A) suspended or canceled under this section or section 3 or 4; or ``(B) vacated or set aside by judicial decree.''. SEC. 7. ENDING ABUSE OF EMERGENCY EXEMPTIONS. Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136p) is amended-- (1) in the first sentence, by striking ``The Administrator'' and inserting the following: ``(a) In General.--The Administrator''; (2) in subsection (a) (as so designated), in the second sentence, by striking ``The Administrator'' and inserting the following: ``(b) Consultation.--The Administrator''; and (3) by adding at the end the following: ``(c) Limitations on Emergency Exemptions.--Notwithstanding any other provision of law, the Administrator shall not grant an emergency exemption under subsection (a) for the same active ingredient or pesticide product in the same location for more than 2 years in any 10- year period. ``(d) Restrictions on Unregistered Pesticides.--The Administrator shall not grant an emergency exemption under subsection (a) to use an active ingredient or pesticide product that is not registered under section 3 for any use. ``(e) Restrictions on Conditional Pesticides.--The Administrator shall not grant an emergency exemption under subsection (a) for any active ingredient or pesticide product that is registered conditionally under section 3(c)(7)(A).''. SEC. 8. ADDING TRANSPARENCY FOR INERT INGREDIENTS. (a) Definition of Ingredient Statement.--Section 2(n) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(n)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); and (2) by striking paragraph (1) and inserting the following: ``(1) the name and percentage of each active ingredient in the pesticide product; ``(2) the name and percentage of each inert ingredient in the pesticide product; ``(3) if applicable, a statement that the pesticide product contains an inert ingredient determined by a State or Federal agency, or the Administrator based on epidemiological data or peer-reviewed literature, to be likely-- ``(A) to be carcinogenic; ``(B) to be an endocrine disruptor; ``(C) to be acutely toxic; ``(D) to cause harm to pregnant women or fetuses; or ``(E) to cause neurological or developmental harm; and''. (b) Complete List of Inert Ingredients.--Section 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) is amended by adding at the end the following: ``(E) Complete list of inert ingredients.-- Notwithstanding any other provision of law, the label or labeling required under this Act shall provide a complete list of inert ingredients.''. (c) Conforming Amendment.--Section 10(d) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136h(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by adding ``or'' at the end; (B) in subparagraph (B), by striking ``or'' at the end; and (C) by striking subparagraph (C); and (2) in paragraph (3), by striking ``clause (A), (B), or (C)'' each place it appears and inserting ``subparagraph (A) or (B)''. SEC. 9. CANCELLATION OF REGISTRATION OF ORGANOPHOSPHATES. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 4) is amended by adding at the end the following: ``(j) Cancellation of Registration of Organophosphate Pesticides.-- ``(1) In general.-- ``(A) Cancellation.--Effective on the date of enactment of this subsection-- ``(i) all pesticides of the class organophosphate shall be deemed to generally cause unreasonable adverse effects to humans; and ``(ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of pesticides of the class organophosphate shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Revocation of tolerances and exemptions.--Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of an organophosphate, or any pesticide chemical residue that results from organophosphate use, in or on food. ``(2) Sale of existing stocks prohibited.--In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of pesticides of the class organophosphate shall be prohibited. ``(3) No future organophosphate registrations.--Effective on the date of enactment of this subsection, the Administrator may not register any pesticide of the class organophosphate under section 4. ``(4) Ineligibility for emergency use.--Notwithstanding any other provision of law, a pesticide canceled under this subsection shall not be eligible for use under section 18.''. SEC. 10. CANCELLATION OF REGISTRATION OF NEONICOTINOIDS. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 9) is amended by adding at the end the following: ``(k) Cancellation of Registration of Neonicotinoid Pesticides.-- ``(1) In general.-- ``(A) Cancellation.--Effective on the date of enactment of this subsection-- ``(i) all active ingredients and pesticide products containing 1 or more of the active ingredients imidacloprid, clothianidin, thiamethoxam, dinotefuran, acetamiprid, sulfoxaflor, and flupyradifurone (referred to in this subsection as `neonicotinoid pesticides') shall be deemed to generally cause unreasonable adverse effects to the environment; and ``(ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of neonicotinoid pesticides shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Revocation of tolerances and exemptions.--Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of a neonicotinoid pesticide, or any pesticide chemical residue that results from neonicotinoid pesticide use, in or on food. ``(2) Sale of existing stocks prohibited.--In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of neonicotinoid pesticides shall be prohibited. ``(3) No future neonicotinoid registrations.--Effective on the date of enactment of this subsection, the Administrator may not register any neonicotinoid pesticide under section 4. ``(4) Ineligibility for emergency use.--Notwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18.''. SEC. 11. CANCELLATION OF REGISTRATION OF PARAQUAT. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 10) is amended by adding at the end the following: ``(l) Cancellation of Registration of Paraquat.-- ``(1) In general.-- ``(A) Cancellation.--Effective on the date of enactment of this subsection-- ``(i) paraquat shall be deemed to generally cause unreasonable adverse effects to humans; and ``(ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of paraquat shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Revocation of tolerances and exemptions.--Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of paraquat, or any pesticide chemical residue that results from paraquat use, in or on food. ``(2) Sale of existing stocks prohibited.--In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of paraquat shall be prohibited. ``(3) No future paraquat registrations.--Effective on the date of enactment of this subsection, the Administrator may not register any paraquat pesticide under section 4. ``(4) Ineligibility for emergency use.--Notwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18.''. SEC. 12. EMPOWERING COMMUNITIES TO PROTECT THEMSELVES FROM PESTICIDES. (a) In General.--Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended-- (1) in subsection (a)-- (A) by inserting ``, or any political subdivision of a State,'' after ``A State''; and (B) by inserting ``or political subdivision'' after ``the State''; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). (b) Conforming Amendment.--Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is amended, in the fourth sentence of the undesignated matter following subparagraph (D), by striking ``24(c) of this Act'' and inserting ``24(b)''. SEC. 13. PROTECTING FARMWORKERS FROM DANGEROUS PESTICIDES. (a) Language Requirements for Pesticide Products.--Section 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) (as amended by section 8(b)) is amended by adding at the end the following: ``(F) Language requirements for pesticide products.-- ``(i) In general.--The label for any pesticide product shall be printed in both English and Spanish. ``(ii) Other languages.--In a case in which information exists that a pesticide product is used in agriculture by more than 500 individual persons or applicators who speak the same language other than English or Spanish, the Administrator shall provide a translation of that label in the language used by those individuals on the website of the Environmental Protection Agency. ``(iii) Educational information.--The Administrator shall provide educational information to ensure that all users of a pesticide product are aware that information is available in alternate languages.''. (b) Farmworker Safety.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is amended by adding at the end the following: ``SEC. 36. FARMWORKER SAFETY. ``(a) Definitions.--In this section: ``(1) Farmworker.--The term `farmworker' means an individual of any age that is employed in agriculture, including as a pesticide user or applicator, for any length of time, including migrant and seasonal employees, regardless of classification as a full-time, part-time, or contract employee. ``(2) Farmworker incident.--The term `farmworker incident' means exposure of a farmworker to an active ingredient, a pesticide product, a tank mixture of multiple pesticides, a metabolite, or a degradate that results in-- ``(A) an illness or injury-- ``(i) requiring medical attention or hospitalization of the farmworker; or ``(ii) that requires the farmworker to stop working temporarily or permanently; ``(B) a permanent disability or loss in function of the farmworker; or ``(C) death of the farmworker. ``(b) Mandatory Duty To Report.-- ``(1) In general.--Whenever a farmworker incident occurs, the employer of each affected farmworker shall report the incident to the Administrator. ``(2) Online system.-- ``(A) In general.--Not later than 60 days after the date of enactment of this section, the Administrator shall implement and deploy an online system to facilitate the reporting of farmworker incidents. ``(B) Requirements.--The online system under subparagraph (A) shall include, at a minimum, a description of, with respect to each farmworker incident-- ``(i) the time and location; ``(ii) the name of each active ingredient and pesticide product involved; ``(iii) whether such a pesticide was applied in accordance with the label instructions; ``(iv) the harm that resulted to any affected farmworker; ``(v) the nature of any medical care that was sought by any affected farmworker; and ``(vi) any other pertinent information. ``(C) Anonymous reporting.--The Administrator shall ensure that the online system under subparagraph (A) allows for anonymous reporting to protect farmworkers from retaliation. ``(c) Penalties for Failure To Report.-- ``(1) Civil penalties.--An employer described in subsection (b)(1) that fails to report a farmworker incident shall be fined $1,000 per day beginning on the 8th day after the farmworker incident occurs. ``(2) Criminal penalties.--An employer described in subsection (b)(1) that knowingly fails to report a farmworker incident, or that otherwise pressures or coerces a farmworker to not report a farmworker incident, shall be liable for a criminal penalty of up to $100,000, 6 months in prison, or both. ``(3) Rewards.--The Administrator shall implement a reward system that a provides monetary award of not less than $25,000 per person per farmworker incident that leads to the identification of 1 or more employers that have failed to report a farmworker incident. ``(4) Retaliation.-- ``(A) In general.--Any person that takes punitive action against a farmworker or a person that reports a farmworker incident shall be liable for a criminal penalty of not more than $100,000, 6 months in prison, or both. ``(B) Immigration status.--No Federal agency shall take any action regarding the immigration legal status within the United States of a farmworker, including initiating removal proceedings or any other prosecution of the farmworker, based solely on any information derived from the reporting or investigation of a farmworker incident. ``(d) Preventing Future Harm to Farmworkers.-- ``(1) In general.--Not later than 15 days after the receipt of a report of a farmworker incident, the Administrator shall transmit a report prepared by the Administrator of the farmworker incident to-- ``(A) the manufacturer of each involved pesticide product; and ``(B) the manufacturer of each involved active ingredient or ingredients. ``(2) Suspension.--Notwithstanding any other provision of law, if a farmworker incident results in the death of a farmworker, the pesticide product or active ingredient that caused the death shall be immediately suspended, pending the review required by this section. ``(3) Assessments.-- ``(A) Pesticide product manufacturer.--Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of the pesticide product shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the label of the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. ``(B) Assessment by active ingredient manufacturer.--Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of each involved pesticide active ingredient shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. ``(4) Determinations by administrator.-- ``(A) Draft determination.-- ``(i) In general.--Not later than the earlier of 90 days after the receipt of an assessment required by paragraph (3) and 180 days after the occurrence of the farmworker incident, the Administrator shall make a draft determination as to whether a change in the label of an involved pesticide product or active ingredient is warranted. ``(ii) Publication.--The Administrator shall publish a determination under clause (i) in the Federal Register for a period of 30 days for public notice and comment. ``(B) Final determination.--Not later than 30 days after the close of the public comment described in subparagraph (A)(ii), the Administrator shall-- ``(i) make a final determination as to whether the label of the pesticide product should be changed; and ``(ii) publish that final determination in the Federal Register. ``(5) Cancellations.-- ``(A) Failure to change label.--Notwithstanding any other provision of law, including section 6(b), if the manufacturer of a pesticide product or active ingredient does not change the label of the applicable product in accordance with a final determination of the Administrator under paragraph (4)(B), the pesticide product or active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Cancellation for failure to comply.-- Notwithstanding any other provision of law, including section 6(b), if the manufacturer of the pesticide product or active ingredient fails to comply with any applicable provision of this section, the active ingredient and all pesticide products containing the active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. ``(e) Accounting for Farmworker Incidents During Registration Review.-- ``(1) In general.--Notwithstanding any other provision of law, if a pesticide product or active ingredient is responsible for not fewer than 10 farmworker incidents of any type, or not fewer than 3 farmworker incidents resulting in death, and the pesticide product or active ingredient has not received a final determination regarding a registration review during the preceding 15-year period, the Administrator shall immediately suspend the pesticide product or active ingredient until a final determination is made regarding the registration review of the pesticide. ``(2) Reports.--The Administrator shall-- ``(A) include in a final determination regarding the registration review of a pesticide the registration of which is suspended under paragraph (1) a full and complete report describing each farmworker incident that has occurred during the period covered by the report; and ``(B)(i) require label changes to prevent farmworker incidents from occurring in the future; or ``(ii) explain why no label changes under clause (i) are warranted.''. SEC. 14. AUTHORITY TO BRING CIVIL ACTION. Section 16 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136n) is amended by adding at the end the following: ``(e) Authority To Bring Civil Action.-- ``(1) In general.--Any person may bring a civil action against the Administrator where there is an alleged failure of the Administrator to comply with any provision of this Act. ``(2) Jurisdiction.--The district courts of the United States shall have exclusive jurisdiction over a civil action brought pursuant to paragraph (1).''. SEC. 15. EMPLOYEE PROTECTION. The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) (as amended by section 13(b)) is amended by adding at the end the following: ``SEC. 37. EMPLOYEE PROTECTION. ``(a) Prohibition.--No employer may discharge any employee or otherwise discriminate against any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- ``(1) has commenced, has caused to be commenced, or is about to commence or cause to be commenced a proceeding under this Act; ``(2) has testified or is about to testify in any proceeding described in paragraph (1); or ``(3) has assisted or participated or is about to assist or participate in any manner in-- ``(A) any proceeding described in paragraph (1); or ``(B) any other action to carry out the purposes of this Act. ``(b) Remedy.-- ``(1) Filing of complaint.--Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 30 days after the date on which the alleged violation occurs, file (or have any person file on behalf of the employee) a complaint with the Secretary of Labor (referred to in this section as the `Secretary') alleging that discharge or discrimination. ``(2) Notification.--On receipt of a complaint filed under paragraph (1), the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(3) Investigations.-- ``(A) In general.--On receipt of a complaint filed under paragraph (1), the Secretary shall conduct an investigation of the violation alleged in the complaint. ``(B) Results.--Not later than 30 days after the date on which the Secretary receives a complaint filed under paragraph (1), the Secretary shall-- ``(i) complete the investigation under subparagraph (A); and ``(ii) notify in writing the complainant (and any person acting on behalf of the complainant) and the person alleged to have committed the applicable violation of the results of that investigation. ``(4) Orders.-- ``(A) In general.--Not later than 90 days after the date on which the Secretary receives a complaint filed under paragraph (1), unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed the applicable violation, the Secretary shall issue an order-- ``(i) providing the relief described in paragraph (5); or ``(ii) denying the complaint. ``(B) Notice and opportunity for hearing.--An order of the Secretary under subparagraph (A) shall be made on the record after notice and opportunity for agency hearing. ``(C) Settlements.--The Secretary may not enter into a settlement terminating a proceeding on a complaint filed under paragraph (1) without the participation and consent of the complainant. ``(5) Relief.--If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall issue an order-- ``(A) requiring the person who committed the violation-- ``(i) to take affirmative action to abate the violation; and ``(ii) if the complainant was discharged by the person committing the violation, to reinstate the complainant to the complainant's former position, with the compensation (including back pay), terms, conditions, and privileges of the complainant's employment; and ``(B) assessing against the person who committed the violation-- ``(i) compensatory damages; ``(ii) if appropriate, exemplary damages; and ``(iii) at the request of the complainant, a sum equal to the aggregate amount of all costs and expenses (including attorney's fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint. ``(c) Judicial Review.-- ``(1) In general.--Any employee or employer adversely affected or aggrieved by an order issued under subsection (b) may obtain review of the order in the court of appeals of the United States for the judicial circuit in which the violation with respect to which the order is issued allegedly occurred. ``(2) Petition.--A petition for review under paragraph (1) shall be filed not later than 60 days after the date on which the applicable order is issued under subsection (b). ``(3) Applicable law.--Judicial review under paragraph (1) shall be in accordance with chapter 7 of title 5, United States Code. ``(4) Exclusive review.--An order of the Secretary with respect to which judicial review may be or may have been obtained under paragraph (1) shall not be subject to judicial review in-- ``(A) a criminal proceeding; or ``(B) a civil proceeding under any other provision of law. ``(d) Enforcement.-- ``(1) In general.--If a person fails to comply with an order issued under subsection (b), the Secretary shall bring a civil action in the district court of the United States for the judicial district in which the violation is determined to occur to enforce that order. ``(2) Jurisdiction.--In a civil action brought under paragraph (1), a district court of the United States shall have jurisdiction to grant all appropriate relief, including injunctive relief, compensatory damages, and exemplary damages. ``(e) Exclusion.--Subsection (a) shall not apply with respect to any employee who, acting without direction from the employee's employer (or any agent of the employer), deliberately causes a violation of any requirement of this Act.''. <all>

Protect America's Children from Toxic Pesticides Act

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes.

Protect America's Children from Toxic Pesticides Act

Sen. Booker, Cory A.

D

NJ

This bill modifies provisions related to the registration, distribution, sale, and use of pesticides, including by cancelling the registration of organophosphates, neonicotinoids, and paraquat and by creating a process for interested individuals to submit a petition to designate an active ingredient or pesticide as a dangerous pesticide.

SHORT TITLE. 2. FINDINGS. 136(e)(1)) is amended by striking ``subsection (ee)'' and inserting ``subsection (ff)''. ``(B) Failure to review petition.--If the Administrator fails make a finding on a petition by the date required under subparagraph (A), the active ingredient or pesticide product that is the subject of the petition shall be deemed to be a dangerous pesticide. 4. 5. ``(iii) Existing conditional registrations.--Notwithstanding any other provision of law, as of the date of enactment of this clause, each outstanding conditional registration under this paragraph for which the registrant has not fulfilled all conditions of the conditional registration shall be canceled. 6. ``(d) Restrictions on Unregistered Pesticides.--The Administrator shall not grant an emergency exemption under subsection (a) to use an active ingredient or pesticide product that is not registered under section 3 for any use. 8. 9. CANCELLATION OF REGISTRATION OF ORGANOPHOSPHATES. 10. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of a neonicotinoid pesticide, or any pesticide chemical residue that results from neonicotinoid pesticide use, in or on food. ``(2) Sale of existing stocks prohibited.--In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of paraquat shall be prohibited. PROTECTING FARMWORKERS FROM DANGEROUS PESTICIDES. ``(iii) Educational information.--The Administrator shall provide educational information to ensure that all users of a pesticide product are aware that information is available in alternate languages.''. (b) Farmworker Safety.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. is amended by adding at the end the following: ``SEC. ``(b) Mandatory Duty To Report.-- ``(1) In general.--Whenever a farmworker incident occurs, the employer of each affected farmworker shall report the incident to the Administrator. ``(B) Final determination.--Not later than 30 days after the close of the public comment described in subparagraph (A)(ii), the Administrator shall-- ``(i) make a final determination as to whether the label of the pesticide product should be changed; and ``(ii) publish that final determination in the Federal Register. 15. EMPLOYEE PROTECTION. ``(2) Notification.--On receipt of a complaint filed under paragraph (1), the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(4) Exclusive review.--An order of the Secretary with respect to which judicial review may be or may have been obtained under paragraph (1) shall not be subject to judicial review in-- ``(A) a criminal proceeding; or ``(B) a civil proceeding under any other provision of law. ``(2) Jurisdiction.--In a civil action brought under paragraph (1), a district court of the United States shall have jurisdiction to grant all appropriate relief, including injunctive relief, compensatory damages, and exemplary damages. ``(e) Exclusion.--Subsection (a) shall not apply with respect to any employee who, acting without direction from the employee's employer (or any agent of the employer), deliberately causes a violation of any requirement of this Act.''.

H.R.8789

Families

Connecting Forever Families Act of 2022 This bill authorizes additional funding for the Court Improvement Program, which supports state courts' role in achieving stable, permanent homes for children in foster care.

To temporarily increase funding to the Court Improvement Program, to improve the ability of courts to conduct remote child welfare proceedings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Connecting Forever Families Act of 2022''. SEC. 2. TEMPORARY ADDITIONAL FUNDING FOR THE COURT IMPROVEMENT PROGRAM. (a) In General.--Section 436 of the Social Security Act (42 U.S.C. 629f) is amended-- (1) in subsection (a), by inserting ``, $375,000,000 for each fiscal year in the 5-fiscal-year period beginning with the 1st fiscal year beginning after the effective date of the Connecting Forever Families Act of 2022, and $345,000,000 for each succeeding fiscal year'' before the period; and (2) in subsection (b)(2), by inserting ``until the 1st fiscal year beginning after the effective date of the Connecting Forever Families Act of 2022, $60,000,000 for the grants for each fiscal year in the 5-fiscal-year period beginning with the 1st fiscal year after such effective date, and $30,000,000 for the grants for each succeeding fiscal year'' before the period. (b) Indian Tribes.--Section 438(c)(3) of such Act (42 U.S.C. 629h(c)(3)) is amended by inserting ``for each fiscal year that begins before the effective date of the Connecting Forever Families Act of 2022, $2,000,000 in the case of the 1st 5 fiscal years that begin after such effective date, and $1,000,000 for each succeeding fiscal year,'' after ``$1,000,000''. (c) Offset.-- (1) Effective on October 1 of the 1st fiscal year beginning after the effective date of this Act, section 403(b)(2) of such Act (42 U.S.C. 603(b)(2)) is amended by striking ``$608,000,000'' and inserting ``$448,000,000''. (2) Effective on October 1 of the 2nd fiscal year beginning after such effective date, section 403(b)(2) of such Act (42 U.S.C. 603(b)(2)) is amended by striking ``$448,000,000'' and inserting ``$618,000,000''. (3) Effective on October 1 of the 3rd fiscal year beginning after such effective date, section 403(b)(2) of such Act (42 U.S.C. 603(b)(2)) is amended by striking ``$618,000,000'' and inserting ``$608,000,000''. SEC. 3. CLARIFICATION THAT COURT IMPROVEMENT PROGRAM FUNDS MAY BE USED FOR TECHNOLOGICAL IMPROVEMENTS TO PREVENT DISRUPTION AND ENABLE RECOVERY FROM VARIOUS THREATS. Section 438(a) of the Social Security Act (42 U.S.C. 629h(a)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``and''; and (3) by adding at the end the following: ``(3) to prevent disruption and enable recovery from threats such as public health crises, natural disasters, or cyber-attacks, including technology support for remote hearings or legal representation, developing guidance, coordinating with other agencies, or otherwise ensuring back-up approaches are in place to ensure continuity of needed services.''. SEC. 4. IMPLEMENTATION GUIDANCE ON SHARING BEST PRACTICES FOR TECHNOLOGICAL CHANGES NEEDED FOR COURT PROCEEDINGS FOR FOSTER CARE OR ADOPTION TO BE CONDUCTED REMOTELY. (a) In General.--Every 5 years, the Secretary of Health and Human Services, through the Administration for Children and Families, shall issue implementation guidance for sharing information on the best practices for-- (1) technological changes needed for court proceedings for foster care or adoption to be conducted remotely in a way that maximizes engagement and protects the privacy of participants; and (2) the manner in which the proceedings should be conducted. (b) Initial Issuance.--The Secretary of Health and Human Services shall issue the 1st guidance required by subsection (a) not later than January 1, 2024. SEC. 5. EFFECTIVE DATE. Except as provided in section 2(b), this Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of the enactment of this Act. <all>

Connecting Forever Families Act of 2022

To temporarily increase funding to the Court Improvement Program, to improve the ability of courts to conduct remote child welfare proceedings, and for other purposes.

Connecting Forever Families Act of 2022

Rep. Moore, Blake D.

R

UT

This bill authorizes additional funding for the Court Improvement Program, which supports state courts' role in achieving stable, permanent homes for children in foster care.

To temporarily increase funding to the Court Improvement Program, to improve the ability of courts to conduct remote child welfare proceedings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Connecting Forever Families Act of 2022''. 2. TEMPORARY ADDITIONAL FUNDING FOR THE COURT IMPROVEMENT PROGRAM. (a) In General.--Section 436 of the Social Security Act (42 U.S.C. 629f) is amended-- (1) in subsection (a), by inserting ``, $375,000,000 for each fiscal year in the 5-fiscal-year period beginning with the 1st fiscal year beginning after the effective date of the Connecting Forever Families Act of 2022, and $345,000,000 for each succeeding fiscal year'' before the period; and (2) in subsection (b)(2), by inserting ``until the 1st fiscal year beginning after the effective date of the Connecting Forever Families Act of 2022, $60,000,000 for the grants for each fiscal year in the 5-fiscal-year period beginning with the 1st fiscal year after such effective date, and $30,000,000 for the grants for each succeeding fiscal year'' before the period. (b) Indian Tribes.--Section 438(c)(3) of such Act (42 U.S.C. (c) Offset.-- (1) Effective on October 1 of the 1st fiscal year beginning after the effective date of this Act, section 403(b)(2) of such Act (42 U.S.C. 603(b)(2)) is amended by striking ``$608,000,000'' and inserting ``$448,000,000''. 3. CLARIFICATION THAT COURT IMPROVEMENT PROGRAM FUNDS MAY BE USED FOR TECHNOLOGICAL IMPROVEMENTS TO PREVENT DISRUPTION AND ENABLE RECOVERY FROM VARIOUS THREATS. 629h(a)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``and''; and (3) by adding at the end the following: ``(3) to prevent disruption and enable recovery from threats such as public health crises, natural disasters, or cyber-attacks, including technology support for remote hearings or legal representation, developing guidance, coordinating with other agencies, or otherwise ensuring back-up approaches are in place to ensure continuity of needed services.''. 4. IMPLEMENTATION GUIDANCE ON SHARING BEST PRACTICES FOR TECHNOLOGICAL CHANGES NEEDED FOR COURT PROCEEDINGS FOR FOSTER CARE OR ADOPTION TO BE CONDUCTED REMOTELY. (b) Initial Issuance.--The Secretary of Health and Human Services shall issue the 1st guidance required by subsection (a) not later than January 1, 2024. SEC. 5. EFFECTIVE DATE. Except as provided in section 2(b), this Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of the enactment of this Act.

H.R.2086

Immigration

Agricultural Guest Worker Reform Initiative Act of 2021 or the AGRI Act of 2021 This bill revises provisions related to H-2A (temporary agricultural worker) visas, including to eliminate certain requirements to hire U.S. workers, expand the program to include dairy and ranch workers, and shift administrative responsibilities from the Department of Labor to the Department of Agriculture (USDA). The bill establishes a trust fund to be used to (1) administer and enforce the program, (2) collect a portion of guest worker wages to be paid upon a worker's return to the worker's country of origin, and (3) provide emergency medical services for guest workers. The bill eliminates a requirement that, during the first half of the time period of a guest worker contract, certain employers must hire any qualified U.S. employee who applies to perform the job the guest worker was hired to perform. Furthermore, an employer shall not be required to pay a guest worker a wage higher than the highest of federal, state, or local minimum wage rates. The bill places limitations on when guest workers may receive civil legal assistance for low-income individuals. Employer-provided housing shall be governed generally by USDA regulations, where currently such housing must meet applicable federal, state, or local standards. Employers shall not have to provide housing to workers who can reasonably return to their permanent residence within the same day. An employer may file a civil action to recover transportation costs from a guest worker who absconds from a contract.

To amend the Immigration and Nationality Act to simplify and rename the H-2C worker 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 ``Agricultural Guest Worker Reform Initiative Act of 2021'' or as the ``AGRI Act of 2021''. SEC. 2. IN GENERAL. (a) Inclusion of Dairy or Ranch Workers.--Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by inserting ``labor on a dairy or ranch and'' before ``agricultural labor defined in''. (b) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended-- (1) in subparagraph (A), by striking ``(A)''; and (2) by striking subparagraph (B). (c) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C. 1188(a)(1)(B)) is amended by striking the period at the end and inserting ``, except that no employer shall be required to pay a wage rate greater than the greatest of the Federal, State, and local minimum wage rates.''. (d) Legal Assistance From the Legal Services Corporation; Expedited Procedures for Replacement of an Absconded Worker.--Section 218(h) of such Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3)(A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless-- ``(i) the alien is present in the United States at the time the legal assistance is provided; and ``(ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. ``(B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. ``(C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer's property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status. ``(4) If any agricultural guest worker absconds from his or her place of employment, the Secretary of Homeland Security, in coordination with the Secretary of State, the Secretary of Agriculture, and the Secretary of Labor, shall establish expedited procedures for permitting the employer to import a agricultural guest worker to replace the absconded worker.''. (e) Length of Stay.--Section 218 of such Act (8 U.S.C. 1188) is amended by adding at the end the following: ``(j) Length of Stay.--An agricultural guest worker who enters the United States may remain in the United States for a period of not more than 11 months. The agricultural guest worker may not enter the United States on an additional visa under section 101(a)(15)(H)(ii)(c) unless the agricultural guest worker first returns to that worker's country of origin for a period of not less than 1 month. An agricultural guest worker may enter and remain in the United States for a total of not more than 3 years.''. (f) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows: ``(4) Housing.--Except for agricultural guest workers who are reasonably able to return to their permanent residence (either within or outside the United States) within the same day, the employer will provide housing to agricultural guest workers through one of the following means: ``(A) Employer-owned housing in accordance with regulations promulgated by the Secretary of Agriculture. ``(B) Rental or public accommodations or other substantially similar class of habitation in accordance with regulations promulgated by the Secretary of Agriculture. ``(C) Except where the Governor of the State has certified that there is inadequate housing available in the area of intended employment for migrant farm workers and agricultural guest workers seeking temporary housing while employed in agricultural work, the employer may furnish the worker with a housing voucher in accordance with regulations, if-- ``(i) the employer has verified that housing is available for the period during which the work is to be performed, within a reasonable commuting distance of the place of employment, for the amount of the voucher provided, and that the voucher is useable for that housing; ``(ii) upon the request of a worker seeking assistance in locating housing for which the voucher will be accepted, the employer makes a good faith effort to assist the worker in identifying, locating, and securing housing in the area of intended employment; and ``(iii) payment for the housing is made with a housing voucher that is only redeemable by the housing owner or their agent. An employer who provides housing through one of the foregoing means shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) by virtue of providing such housing.''. (g) Absconding Aliens.--Section 218(f) of such Act (8 U.S.C. 1188(f)) is amended by adding at the end the following: ``If the alien absconds, the employer shall not be liable for any violation of this section. The employer may, in a civil action, recover any costs of transportation paid to the alien and any fees paid pertaining to the importing of the alien.''. (h) Biometric Identification Card.--The Secretary of Homeland Security shall provide each nonimmigrant agricultural worker with an identification card that contains-- (1) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued; (2) biometric identifiers, including fingerprints and a digital photograph; and (3) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes. (i) Trust Fund.-- (1) Establishment.--The Secretary of Agriculture shall establish by regulation a trust fund the purpose of which is to provide, without further appropriation, funds for the administration and the enforcement of the program under this section, for the cost of the cards issued under subsection (k), for a monetary incentive for nonimmigrant agricultural workers to return to their country of origin upon expiration of their visas under the program, and for payment with respect to emergency medical services furnished to nonimmigrant agricultural workers. The Secretary of Agriculture in consultation with the Secretary of the Treasury shall promulgate such other regulations as may be necessary to carry out this subsection. (2) Payment of fica and futa amounts into trust fund.--In the case of employment of a nonimmigrant agricultural worker-- (A) the employer shall provide for payment into the trust fund established under paragraph (1) of the sum of-- (i) an amount equivalent to the amount of excise taxes which the employer would pay under chapter 21 of the Internal Revenue Code of 1986 with respect to such employment if it were considered employment for the purpose of such Act; and (ii) an amount equivalent to (and in lieu of) the amount of excise taxes which the employer would otherwise pay under chapter 23 of such Code with respect to such employment; and (B) there shall be deducted from the wages of the worker and paid into such trust fund an amount equivalent to the amount of excise taxes that the employee would pay under such chapter 21 with respect to such employment if it were considered employment for the purposes of such Act. (3) Expenditures from trust fund.-- (A) Use of employer contributions for administration.--Amounts described in paragraph (2)(A) paid into the trust fund shall be used for the purpose of administering and enforcing the program under this section and for the cost of the cards issued under subsection (k). (B) Use of employee contributions for repayment of employee contributions upon return to country of origin.--Except as provided in subparagraph (C), amounts described in paragraph (2)(B) paid into the trust fund with respect to a nonimmigrant agricultural worker shall, upon application by the worker at the United States consulate nearest the worker's residence in the country of origin, be paid to the worker if the worker demonstrates the compliance of the worker with the terms and conditions of the program. (C) Use of employee contributions attributable to hi taxes for emergency medical services for nonimmigrant agricultural workers.-- (i) In general.--Amounts described in paragraph (2)(B) paid into the trust fund which relate to excise tax in section 3101(b) of the Internal Revenue Code of 1986 shall be used to provide payment with respect to emergency medical services (as defined in clause (iii)) for nonimmigrant agricultural workers. (ii) Administration.--The Secretary of Agriculture shall establish rules, in consultation with the Secretary of Health and Human Services, with respect to the payments under this subparagraph, including methods for determining qualifications for payment and the amount of payment to be made with respect to emergency medical services. (iii) Emergency medical services defined.-- In this subparagraph, the term ``emergency medical services'' means those items and services required to be provided under section 1867 of the Social Security Act (42 U.S.C. 1395dd) with respect to an individual who is a nonimmigrant agricultural worker and does not include items and services for which coverage under workers' compensation is required under subsection (f)(3) with respect to the worker. (j) Semiannual Reports to Congress.--The Secretary of Agriculture shall report to Congress semiannually regarding the program under this section. Each such report shall include a statement of the number of nonimmigrant visas issued under the program, an evaluation of the effectiveness of the program, a description of any problems related to the enforcement of the program, and any recommendations for legislation relating to the program. (k) Program Name and Administrator Changed.--Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, is further amended-- (1) by striking ``H-2A worker'' each place it appears and inserting ``agricultural guest worker''; and (2) by striking ``Secretary of Labor'' each place it appears and inserting ``Secretary of Agriculture''. <all>

Agricultural Guest Worker Reform Initiative Act of 2021

To amend the Immigration and Nationality Act to simplify and rename the H-2C worker program, and for other purposes.

AGRI Act of 2021 Agricultural Guest Worker Reform Initiative Act of 2021

Rep. Crawford, Eric A. "Rick"

R

AR

This bill revises provisions related to H-2A (temporary agricultural worker) visas, including to eliminate certain requirements to hire U.S. workers, expand the program to include dairy and ranch workers, and shift administrative responsibilities from the Department of Labor to the Department of Agriculture (USDA). The bill establishes a trust fund to be used to (1) administer and enforce the program, (2) collect a portion of guest worker wages to be paid upon a worker's return to the worker's country of origin, and (3) provide emergency medical services for guest workers. The bill eliminates a requirement that, during the first half of the time period of a guest worker contract, certain employers must hire any qualified U.S. employee who applies to perform the job the guest worker was hired to perform. Furthermore, an employer shall not be required to pay a guest worker a wage higher than the highest of federal, state, or local minimum wage rates. The bill places limitations on when guest workers may receive civil legal assistance for low-income individuals. Employer-provided housing shall be governed generally by USDA regulations, where currently such housing must meet applicable federal, state, or local standards. Employers shall not have to provide housing to workers who can reasonably return to their permanent residence within the same day. An employer may file a civil action to recover transportation costs from a guest worker who absconds from a contract.

2. IN GENERAL. 1101(a)(15)(H)) is amended by inserting ``labor on a dairy or ranch and'' before ``agricultural labor defined in''. 1188(h)) is amended by adding at the end the following: ``(3)(A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless-- ``(i) the alien is present in the United States at the time the legal assistance is provided; and ``(ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. 1188) is amended by adding at the end the following: ``(j) Length of Stay.--An agricultural guest worker who enters the United States may remain in the United States for a period of not more than 11 months. (f) Housing.--Section 218(c)(4) of such Act (8 U.S.C. The Secretary of Agriculture in consultation with the Secretary of the Treasury shall promulgate such other regulations as may be necessary to carry out this subsection. (2) Payment of fica and futa amounts into trust fund.--In the case of employment of a nonimmigrant agricultural worker-- (A) the employer shall provide for payment into the trust fund established under paragraph (1) of the sum of-- (i) an amount equivalent to the amount of excise taxes which the employer would pay under chapter 21 of the Internal Revenue Code of 1986 with respect to such employment if it were considered employment for the purpose of such Act; and (ii) an amount equivalent to (and in lieu of) the amount of excise taxes which the employer would otherwise pay under chapter 23 of such Code with respect to such employment; and (B) there shall be deducted from the wages of the worker and paid into such trust fund an amount equivalent to the amount of excise taxes that the employee would pay under such chapter 21 with respect to such employment if it were considered employment for the purposes of such Act. (iii) Emergency medical services defined.-- In this subparagraph, the term ``emergency medical services'' means those items and services required to be provided under section 1867 of the Social Security Act (42 U.S.C. 1395dd) with respect to an individual who is a nonimmigrant agricultural worker and does not include items and services for which coverage under workers' compensation is required under subsection (f)(3) with respect to the worker. Each such report shall include a statement of the number of nonimmigrant visas issued under the program, an evaluation of the effectiveness of the program, a description of any problems related to the enforcement of the program, and any recommendations for legislation relating to the program.

S.3037

Education

Empower Parents to Protect Their Kids Act of 2021 This bill prohibits an elementary or secondary school from receiving federal funds unless the school complies with specified requirements related to parental consent and student gender identity. Among other requirements, school employees may not withhold information from parents about a minor student's gender transition or gender identity. The Department of Justice or a parent or guardian may bring a civil action against a school for violations.

To require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child's gender transition in any form, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Empower Parents to Protect Their Kids Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Some school districts are violating parental and familial rights by encouraging or instructing staff to deceive or withhold information from parents if their child is seeking to ``transition'' genders. Without parental knowledge or consent, schools are facilitating ``social gender transitions'' by changing the names and pronouns of children in school, or even allowing children to change which sex-segregated facilities they use, such as dormitories for overnight field trips. (2) Powerful teachers unions and activist organizations are pressuring more schools to adopt policies to enable children, of any age, to change their gender identity at school without parental notice or consent. (3) Contrary to the unfounded assertions of activists, ``socially transitioning'' a child is not a neutral, uncontroversial decision, but an experimental intervention that has immediate effects on a child's psychology and a high likelihood of changing the life path of a child. A ``social gender transition'' may make it more difficult for a child to reverse course later on, thereby increasing the likelihood that the child will continue on to a ``medical transition'', resulting in life-changing, irreversible consequences. (4) Any policies that attempt to circumvent parental authority are a violation of parents' constitutionally protected rights to direct the care, custody, and upbringing of their children as recognized by the Supreme Court. Further, policies that withhold information from parents or ask children about intimate details of their family life violate Federal statutes designed to uphold a parent's rights and duties in education. School districts implementing such policies are misrepresenting or entirely ignoring these statutes and constitutional protections. (5) Schools should never be allowed to intrude on family life by misleading parents and confusing children. SEC. 3. REQUIREMENT OF PARENTAL CONSENT. (a) In General.--No Federal funds shall be made available to any elementary school or secondary school unless the elementary school or secondary school, with respect to students enrolled at the school who have not yet reached 18 years of age, complies with each of the following requirements: (1) School employees do not proceed with any accommodation intended to affirm a student's purported gender identity, where the student's purported gender identity is incongruous with biological sex, or any action to facilitate a gender transition, including referral or recommendation to any third- party medical provider, unless the employees have received express parental consent to do so. (2) School employees do not facilitate, encourage, or coerce students to withhold information from their parents regarding the student's gender transition or the student's purported gender identity, where the student's purported gender identity is incongruous with biological sex. (3) School employees do not withhold or hide information from parents about a student's requested gender transition or a student's purported gender identity, where the student's purported gender identity is incongruous with biological sex. (4) School employees do not pressure or coerce the parents of students, or students themselves, to proceed with any treatment or intervention to affirm the student's purported gender identity, where that gender identity is incongruous with biological sex. (b) Rules of Construction.--Nothing in this section shall be construed-- (1) to prevent a school employee from contacting appropriate legal authorities about an imminent threat to a student's physical safety in the event that the school employee knows or has a reasonable suspicion that the student is at risk of physical abuse, as defined in section 1169 of title 18, United States Code; or (2) to deprive any parent of the right to be involved in a child's actions or discussions about gender transition, without the due process of law. (c) Ensuring Compliance.-- (1) In general.--The head of each Federal agency shall require each application for Federal assistance submitted by a State educational agency or local educational agency to the head of such Federal agency-- (A) to describe the steps that each elementary school and secondary school served by the State educational agency or local educational agency proposes to take to ensure compliance with the requirements under this section and how these steps preserve and protect the authority of the family; and (B) to ensure that-- (i) a copy of the written policy that each elementary school and secondary school served by the State educational agency or local educational agency has to ensure compliance with the requirements under this section is provided to the head of such Federal agency and to the families of enrolled students; and (ii) each such policy is clearly and publicly posted on the website of the school. (2) Establishment of criteria.--The head of each Federal agency may establish criteria and provide technical assistance for meeting the requirements of this section. (d) Civil Action for Certain Violations.-- (1) In general.--A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (2) Administrative remedies not required.--An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedy. (3) Defendants in actions under this section may include governmental entities as well as others.--An action under this section may be brought against any elementary school or secondary school receiving Federal financial assistance or any governmental entity assisting an elementary school or secondary school. (4) Nature of relief.--In an action under this section, the court shall grant-- (A) all appropriate relief, including injunctive relief and declaratory relief; and (B) to a prevailing plaintiff, reasonable attorneys' fees and litigation costs. (5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (e) Definitions.--In this section: (1) Biological sex.--The term ``biological sex'' means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person's psychological, chosen, or subjective experience of gender. (2) Designated violation.--The term ``designated violation'' means an actual or threatened violation of this section. (3) ESEA.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Gender identity.--The term ``gender identity'' means a person's self-perception of their gender or claimed gender, regardless of the person's biological sex. (5) Gender transition.-- (A) In general.--The term ``gender transition'' includes both medical transition and social transition. (B) Medical transition.--The term ``medical transition'' means any medical or surgical intervention undertaken to alter the body of a person in order to assert an identity incongruent with biological sex or undertaken to create or facilitate the development of physiological or anatomical characteristics that resemble a sex different from the person's biological sex. (C) Social transition.--The term ``social transition'' means any action taken to affirm a person's asserted gender identity that is in contradiction to the person's biological sex, including decisions pertaining to the use of sex-specific facilities and accommodations, participation in sex- segregated sports or activities, pronoun and name usage, boarding, sleeping and travel arrangements for field trips (including overnight trips), and dress code guidelines. (6) Governmental entity.--The term ``governmental entity'' means a school district, a local educational agency, a school board, or any agency or other governmental unit or subdivision of a State responsible for education, or of such a local government. (7) Qualified party.--The term ``qualified party'' means-- (A) the Attorney General of the United States; or (B) any parent or legal guardian adversely affected by the designated violation. <all>

Empower Parents to Protect Their Kids Act of 2021

A bill to require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child's gender transition in any form, and for other purposes.

Empower Parents to Protect Their Kids Act of 2021

Sen. Cotton, Tom

R

AR

This bill prohibits an elementary or secondary school from receiving federal funds unless the school complies with specified requirements related to parental consent and student gender identity. Among other requirements, school employees may not withhold information from parents about a minor student's gender transition or gender identity. The Department of Justice or a parent or guardian may bring a civil action against a school for violations.

SHORT TITLE. 2. (3) Contrary to the unfounded assertions of activists, ``socially transitioning'' a child is not a neutral, uncontroversial decision, but an experimental intervention that has immediate effects on a child's psychology and a high likelihood of changing the life path of a child. SEC. REQUIREMENT OF PARENTAL CONSENT. (3) School employees do not withhold or hide information from parents about a student's requested gender transition or a student's purported gender identity, where the student's purported gender identity is incongruous with biological sex. (c) Ensuring Compliance.-- (1) In general.--The head of each Federal agency shall require each application for Federal assistance submitted by a State educational agency or local educational agency to the head of such Federal agency-- (A) to describe the steps that each elementary school and secondary school served by the State educational agency or local educational agency proposes to take to ensure compliance with the requirements under this section and how these steps preserve and protect the authority of the family; and (B) to ensure that-- (i) a copy of the written policy that each elementary school and secondary school served by the State educational agency or local educational agency has to ensure compliance with the requirements under this section is provided to the head of such Federal agency and to the families of enrolled students; and (ii) each such policy is clearly and publicly posted on the website of the school. (d) Civil Action for Certain Violations.-- (1) In general.--A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (2) Designated violation.--The term ``designated violation'' means an actual or threatened violation of this section. (B) Medical transition.--The term ``medical transition'' means any medical or surgical intervention undertaken to alter the body of a person in order to assert an identity incongruent with biological sex or undertaken to create or facilitate the development of physiological or anatomical characteristics that resemble a sex different from the person's biological sex. (C) Social transition.--The term ``social transition'' means any action taken to affirm a person's asserted gender identity that is in contradiction to the person's biological sex, including decisions pertaining to the use of sex-specific facilities and accommodations, participation in sex- segregated sports or activities, pronoun and name usage, boarding, sleeping and travel arrangements for field trips (including overnight trips), and dress code guidelines. (6) Governmental entity.--The term ``governmental entity'' means a school district, a local educational agency, a school board, or any agency or other governmental unit or subdivision of a State responsible for education, or of such a local government.

H.R.9024

Energy

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

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

DRILL Act

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

DRILL Act Directing Responsibility to Interior for Leases and Licenses Act

Rep. Tiffany, Thomas P.

R

WI

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

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

H.R.3564

Taxation

Choosing Healthy Investments and not Lunch Deductions (CHILD) Care Act of 2021 or the CHILD Care Act of 2021 This bill repeals the temporary increase (from 50% to 100%) of the tax deduction for business meals and entertainment expenses in 2021 and 2022. The bill also provides additional appropriations in FY2021 for payments under the Child Care and Development Block Grant Act of 1990.

To repeal the temporary rule allowing full deduction of business meals and to provide an appropriation for making payments under the Child Care and Development Block Grant Act of 1990. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Choosing Healthy Investments and not Lunch Deductions (CHILD) Care Act of 2021'' or as the ``CHILD Care Act of 2021''. SEC. 2. REPEAL THE TEMPORARY RULE ALLOWING THE FULL DEDUCTION OF BUSINESS MEALS. (a) In General.--Section 274(n)(2) of the Internal Revenue Code of 1986 is amended by adding ``or'' at the end of subparagraph (B), by striking ``, or'' at the end of subparagraph (C)(iv) and inserting a period, and by striking subparagraph (D). (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 3. APPROPRIATION. The following additional amount is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $5,031,000,000 for making payments under the Child Care and Development Block Grant Act of 1990, including for Federal administrative expenses, to remain available until expended. <all>

CHILD Care Act of 2021

To repeal the temporary rule allowing full deduction of business meals and to provide an appropriation for making payments under the Child Care and Development Block Grant Act of 1990.

CHILD Care Act of 2021 Choosing Healthy Investments and not Lunch Deductions (CHILD) Care Act of 2021

Rep. Bonamici, Suzanne

D

OR

This bill repeals the temporary increase (from 50% to 100%) of the tax deduction for business meals and entertainment expenses in 2021 and 2022. The bill also provides additional appropriations in FY2021 for payments under the Child Care and Development Block Grant Act of 1990.

To repeal the temporary rule allowing full deduction of business meals and to provide an appropriation for making payments under the Child Care and Development Block Grant Act of 1990. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Choosing Healthy Investments and not Lunch Deductions (CHILD) Care Act of 2021'' or as the ``CHILD Care Act of 2021''. SEC. 2. REPEAL THE TEMPORARY RULE ALLOWING THE FULL DEDUCTION OF BUSINESS MEALS. (a) In General.--Section 274(n)(2) of the Internal Revenue Code of 1986 is amended by adding ``or'' at the end of subparagraph (B), by striking ``, or'' at the end of subparagraph (C)(iv) and inserting a period, and by striking subparagraph (D). (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 3. APPROPRIATION. The following additional amount is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $5,031,000,000 for making payments under the Child Care and Development Block Grant Act of 1990, including for Federal administrative expenses, to remain available until expended. <all>

H.R.3251

Taxation

Biomass Thermal Utilization Act of 2021 or the BTU Act of 2021 This bill expands the 30% energy tax credit to include open-loop biomass heating property and extends the residential energy efficient property tax credit for five years. The bill defines open-loop biomass heating property as any property that uses open-loop biomass to produce thermal energy in the form of heat, hot water, hot air, or steam and is used for space heating, air conditioning, domestic hot water, or industrial process heat, but does not include any boiler or furnace unless they operate at thermal output efficiencies of at least 75% and are installed indoors.

To amend the Internal Revenue Code of 1986 to include biomass heating appliances in the energy credit and to extent the credit for residential energy efficient property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biomass Thermal Utilization Act of 2021'' or the ``BTU Act of 2021''. SEC. 2. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY. (a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or'' at the end of clause (vii), (2) by adding ``or'' at the end of clause (viii), and (3) and by inserting after clause (viii) the following new clause: ``(ix) open-loop biomass heating property (within the meaning of section 45(c)(3)) heating property, including boilers or furnaces that operate at thermal output efficiencies of not less than 75 percent (measured by the lower heating value of the fuel at nominal output), that are installed indoors, and that provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat,''. (b) Open-Loop Biomass Heating Property Defined.--Section 48(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Open-loop biomass heating property.-- ``(A) In general.--The term `open-loop biomass heating property' means any property which-- ``(i) uses open-loop biomass (as defined in section 45(c)(3)) to produce thermal energy in the form of heat, hot water, hot air, or steam, and ``(ii) is used for space heating, air conditioning, domestic hot water, industrial process heat, or any combination of the foregoing. ``(B) Requirements for boilers and furnaces.--Such term shall not include any boiler or furnace unless such boiler or furnace-- ``(i) operates at thermal output efficiencies of not less than 75 percent (measured by the lower heating value of the fuel at nominal output), and ``(ii) is installed indoors.''. (c) Energy Percentage.--Section 48(a)(2)(A)(i) of such Code is amended-- (1) by striking ``and'' at the end of subclause (IV), and (2) by adding at the end the following new subclause: ``(VI) open-loop biomass heating property, but only with respect to property the construction of which begins before January 1, 2029, and''. (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2020, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. EXTENSION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT. (a) In General.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2023'' and inserting ``December 31, 2028''. (b) Application of Phaseout.--Section 25D(g) of such Code is amended-- (1) by striking ``before January 1, 2023'' in paragraph (2) and inserting ``before January 1, 2022'', (2) by striking ``and'' at the end of paragraph (2), (3) by redesignating paragraph (3) as paragraph (5) and by inserting after paragraph (2) the following new paragraphs: ``(3) in the case of property placed in service after December 31, 2021, and before January 1, 2027, 30 percent, ``(4) in the case of property placed in service after December 31, 2026, and before January 1, 2028, 26 percent, and'', and (4) by striking ``December 31, 2022, and before January 1, 2024'' in paragraph (5) (as so redesignated) and inserting ``December 31, 2027, and before January 1, 2029''. (c) Effective Date.--The amendments made by this section shall apply to expenditures made after the date of the enactment of this Act. <all>

BTU Act of 2021

To amend the Internal Revenue Code of 1986 to include biomass heating appliances in the energy credit and to extent the credit for residential energy efficient property.

BTU Act of 2021 Biomass Thermal Utilization Act of 2021

Rep. Kuster, Ann M.

D

NH

This bill expands the 30% energy tax credit to include open-loop biomass heating property and extends the residential energy efficient property tax credit for five years. The bill defines open-loop biomass heating property as any property that uses open-loop biomass to produce thermal energy in the form of heat, hot water, hot air, or steam and is used for space heating, air conditioning, domestic hot water, or industrial process heat, but does not include any boiler or furnace unless they operate at thermal output efficiencies of at least 75% and are installed indoors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biomass Thermal Utilization Act of 2021'' or the ``BTU Act of 2021''. 2. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY. (b) Open-Loop Biomass Heating Property Defined.--Section 48(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Open-loop biomass heating property.-- ``(A) In general.--The term `open-loop biomass heating property' means any property which-- ``(i) uses open-loop biomass (as defined in section 45(c)(3)) to produce thermal energy in the form of heat, hot water, hot air, or steam, and ``(ii) is used for space heating, air conditioning, domestic hot water, industrial process heat, or any combination of the foregoing. ``(B) Requirements for boilers and furnaces.--Such term shall not include any boiler or furnace unless such boiler or furnace-- ``(i) operates at thermal output efficiencies of not less than 75 percent (measured by the lower heating value of the fuel at nominal output), and ``(ii) is installed indoors.''. (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2020, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. EXTENSION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT. (a) In General.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2023'' and inserting ``December 31, 2028''. (b) Application of Phaseout.--Section 25D(g) of such Code is amended-- (1) by striking ``before January 1, 2023'' in paragraph (2) and inserting ``before January 1, 2022'', (2) by striking ``and'' at the end of paragraph (2), (3) by redesignating paragraph (3) as paragraph (5) and by inserting after paragraph (2) the following new paragraphs: ``(3) in the case of property placed in service after December 31, 2021, and before January 1, 2027, 30 percent, ``(4) in the case of property placed in service after December 31, 2026, and before January 1, 2028, 26 percent, and'', and (4) by striking ``December 31, 2022, and before January 1, 2024'' in paragraph (5) (as so redesignated) and inserting ``December 31, 2027, and before January 1, 2029''. (c) Effective Date.--The amendments made by this section shall apply to expenditures made after the date of the enactment of this Act.

H.R.3643

Armed Forces and National Security

Access to Contraception Expansion for Veterans Act or the ACE Veterans Act This bill directs the Department of Veterans Affairs to authorize veterans to fill prescriptions for a year's supply of contraceptive pills, transdermal patches, vaginal rings, or other hormonal contraceptive products.

To amend chapter 17 of title 38, United States Code, to direct the Secretary of Veterans Affairs to allow a veteran to receive a full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Contraception Expansion for Veterans Act'' or the ``ACE Veterans Act''. SEC. 2. FULL YEAR SUPPLY OF CONTRACEPTIVE PILLS, TRANSDERMAL PATCHES, VAGINAL RINGS, AND OTHER HORMONAL CONTRACEPTIVE PRODUCTS. (a) Full Year Supply.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1720J the following new section: ``Sec. 1720K. Full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products ``(a) Request for Full Year Supply.--The Secretary shall ensure that a veteran who is enrolled in the system of annual patient enrollment under section 1705 of this title and who receives a prescription for contraceptive pills, transdermal patches, vaginal rings, or other hormonal contraceptive products may, upon request, fill such prescription as a full year supply. ``(b) Notice.--A veteran described by subsection (a) shall be notified of the option for a full year supply provided by subsection (a) at the time at which the prescription is issued.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720J the following new item: ``1720K. Full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products.''. <all>

ACE Veterans Act

To amend chapter 17 of title 38, United States Code, to direct the Secretary of Veterans Affairs to allow a veteran to receive a full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products, and for other purposes.

ACE Veterans Act Access to Contraception Expansion for Veterans Act

Rep. Underwood, Lauren

D

IL

This bill directs the Department of Veterans Affairs to authorize veterans to fill prescriptions for a year's supply of contraceptive pills, transdermal patches, vaginal rings, or other hormonal contraceptive products.

To amend chapter 17 of title 38, United States Code, to direct the Secretary of Veterans Affairs to allow a veteran to receive a full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Contraception Expansion for Veterans Act'' or the ``ACE Veterans Act''. SEC. 2. FULL YEAR SUPPLY OF CONTRACEPTIVE PILLS, TRANSDERMAL PATCHES, VAGINAL RINGS, AND OTHER HORMONAL CONTRACEPTIVE PRODUCTS. (a) Full Year Supply.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1720J the following new section: ``Sec. 1720K. Full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products ``(a) Request for Full Year Supply.--The Secretary shall ensure that a veteran who is enrolled in the system of annual patient enrollment under section 1705 of this title and who receives a prescription for contraceptive pills, transdermal patches, vaginal rings, or other hormonal contraceptive products may, upon request, fill such prescription as a full year supply. ``(b) Notice.--A veteran described by subsection (a) shall be notified of the option for a full year supply provided by subsection (a) at the time at which the prescription is issued.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720J the following new item: ``1720K. Full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products.''. <all>

H.R.2542

Housing and Community Development

Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2021 This bill prohibits discrimination against survivors of domestic violence, sexual assault, or sex trafficking in the sale or rental of housing and other related real estate activities.

To provide protection for survivors of domestic violence or sexual violence under the Fair Housing 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 ``Fair Housing for Domestic Violence and Sexual Violence Survivors Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cities, towns, and rural communities in the United States continue to face enormous challenges regarding domestic violence, sexual assault, sex trafficking, dating violence, stalking, and other forms of intimate partner and gender-based violence. (2) One in 3 women have experienced rape, physical violence, or stalking by an intimate partner in their lifetime. (3) Approximately 7,000,000 women are raped or physically assaulted by a current or former intimate partner each year. (4) Among women experiencing sex trafficking, many of their traffickers are also their intimate partners. (5) Each day, an average of 3 women are killed by a current or former partner. (6) Researchers estimate that domestic violence costs employers up to $13,000,000,000 each year. (7) A fundamental component of ending domestic and sexual violence is securing safe and affordable housing for victims. (8) Research indicates that-- (A) nearly 50 percent of all homeless women report that domestic violence was the immediate cause of their homelessness; (B) 92 percent of homeless women report having experienced severe physical or sexual violence at some point in their lives, including sexual exploitation and trafficking; (C) victims become homeless as a result of sexual assault, and once homeless, are vulnerable to further sexual victimization and exploitation including sex trafficking; (D) women of color in the lowest income category experience 6 times the rate of nonfatal intimate partner violence compared to white women in the highest income category; (E) poor women of color, domestic violence victims, and women with children have a high risk of eviction; (F) vulnerable women are also at risk of sex trafficking and exploitation by landlords who pressure them for sex in exchange for rent or a delay in rent payments; and (G) approximately 38 percent of all victims of domestic violence become homeless at some point in their life. (9) Surveys show that a majority of victims who experience a sexual assault in their home do not relocate to a safe environment because they do not have sufficient funds and are not aware of better options. (10) Domestic and sexual violence victims often find themselves trapped in homes where they are further victimized by caregivers, parents, siblings, landlords, intimate partners, neighbors, or others in or near their home. Economic insecurity and the trauma that often follows sexual violence make it difficult, if not impossible, for many victims to access safe, affordable housing options for themselves and their families. (11) Domestic and sexual violence victims continue to face discrimination in securing and maintaining housing based on their status as victims and as a result of crimes committed against them. (12) Research by the Attorney General of the State of New York found that 67 percent of domestic violence victims reported that discrimination by landlords is a significant obstacle in obtaining housing. (13) Research also shows that victims of domestic violence or sexual assault are commonly denied housing opportunities if a previous residence of the victim was a domestic violence shelter, if the victim has secured a protective order, or if there is other evidence that the victim has experienced a previous domestic violence incident. (14) Studies show that victims of domestic violence or sexual assault often face eviction based on a single domestic violence incident. (15) Victims of sex trafficking face additional challenges in obtaining and maintaining housing due to criminal records incurred as a direct result of their exploitation. (16) It is in the public interest to ensure that victims of domestic violence, sexual assault, sex trafficking, dating violence, stalking, and other forms of intimate partner and gender-based violence are not discriminated against, particularly with respect to housing, based on their status as victims or the crimes committed against them. (17) Nothing in this Act should be interpreted to limit the ability of victims of domestic violence or sexual violence to recover for claims of discrimination on the basis of sex or race under the Fair Housing Act (42 U.S.C. 3601 et seq.), including with respect to failure to conform to gender stereotypes or policies that disproportionately affect women. SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT AS PROTECTED CLASS UNDER THE FAIR HOUSING ACT. (a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended-- (1) in section 802 (42 U.S.C. 3602), by adding at the end the following: ``(p) `Domestic violence'-- ``(1) has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)); and ``(2) includes-- ``(A) dating violence and stalking, as defined in such section 40002(a); and ``(B) threatened domestic violence. ``(q) `Sexual assault'-- ``(1) has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)); and ``(2) includes threatened sexual assault. ``(r) `Sex trafficking' has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12)). ``(s) `Coercion' has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(3).''; (2) in section 804 (42 U.S.C. 3604)-- (A) in subsection (a), by inserting ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking'' before the period at the end; (B) in subsection (b), by inserting, ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking'' before the period at the end; (C) in subsection (c), by striking ``or national origin'' and inserting, ``national origin, or whether a person is a survivor of domestic violence, sexual assault, or sex trafficking''; (D) in subsection (d), by inserting ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking,'' after ``national origin''; and (E) in subsection (e), by inserting ``, or of a person or persons who are survivors of domestic violence, sexual assault, or sex trafficking'' before the period at the end; (3) in section 805 (42 U.S.C. 3605)-- (A) in subsection (a), by inserting ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking'' before the period at the end; and (B) in subsection (c), by striking ``or familial status'' and inserting ``familial status, or whether a person is a survivor of domestic violence, sexual assault, or sex trafficking''; (4) in section 806 (42 U.S.C. 3606), by striking ``or national origin'' and inserting ``national origin, or whether a person is a survivor of domestic violence, sexual assault, or sex trafficking''; (5) in section 807 (42 U.S.C. 3607), by adding at the end the following: ``(c) Nothing in this title shall prohibit Federal, State, or local governmental or other assistance or a preference program designed to assist or benefit domestic violence, sexual assault, or sex trafficking survivors in seeking, securing, or maintaining dwellings, shelters, or any other form of housing, including associated notices, statements, or advertisements.''; and (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by inserting ``status as a survivor of domestic violence, sexual assault, or sex trafficking,'' after ``handicap,''. (b) Prevention of Intimidation in Fair Housing Cases.--The Civil Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended-- (1) in section 901 (42 U.S.C. 3631)-- (A) in the paragraph preceding subsection (a), by inserting ``or coercion'' after ``threat of force''; (B) in subsection (a), by inserting ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking,'' after ``national origin''; (C) in subsection (b)(1), by inserting ``or because the person is a survivor of domestic violence, sexual assault, or sex trafficking,'' after ``national origin,''; and (D) in subsection (c), by inserting ``or because the person is a survivor of domestic violence, sexual assault, or sex trafficking,'' after ``national origin,''; and (2) by inserting after section 901 the following: ``definitions ``Sec. 902. In this title, the terms `domestic violence', `sexual assault', `sex trafficking', and `coercion' have the meanings given those terms in section 802.''. <all>

Fair Housing for Domestic Violence and Sexual Violence Survivors Act of 2021

To provide protection for survivors of domestic violence or sexual violence under the Fair Housing Act.

Fair Housing for Domestic Violence and Sexual Violence Survivors Act of 2021

Rep. Wasserman Schultz, Debbie

D

FL

This bill prohibits discrimination against survivors of domestic violence, sexual assault, or sex trafficking in the sale or rental of housing and other related real estate activities.

To provide protection for survivors of domestic violence or sexual violence under the Fair Housing Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. (3) Approximately 7,000,000 women are raped or physically assaulted by a current or former intimate partner each year. (9) Surveys show that a majority of victims who experience a sexual assault in their home do not relocate to a safe environment because they do not have sufficient funds and are not aware of better options. (11) Domestic and sexual violence victims continue to face discrimination in securing and maintaining housing based on their status as victims and as a result of crimes committed against them. 3601 et seq. ), including with respect to failure to conform to gender stereotypes or policies that disproportionately affect women. SEC. 12291(a)); and ``(2) includes-- ``(A) dating violence and stalking, as defined in such section 40002(a); and ``(B) threatened domestic violence. 7102(12)). ''; (2) in section 804 (42 U.S.C. 3604)-- (A) in subsection (a), by inserting ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking'' before the period at the end; (B) in subsection (b), by inserting, ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking'' before the period at the end; (C) in subsection (c), by striking ``or national origin'' and inserting, ``national origin, or whether a person is a survivor of domestic violence, sexual assault, or sex trafficking''; (D) in subsection (d), by inserting ``, or because the person is a survivor of domestic violence, sexual assault, or sex trafficking,'' after ``national origin''; and (E) in subsection (e), by inserting ``, or of a person or persons who are survivors of domestic violence, sexual assault, or sex trafficking'' before the period at the end; (3) in section 805 (42 U.S.C. ''; and (6) in section 808(e)(6) (42 U.S.C. In this title, the terms `domestic violence', `sexual assault', `sex trafficking', and `coercion' have the meanings given those terms in section 802.''.

H.R.2853

Health

Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021 or the BLOCKING Act of 2021 This bill modifies provisions related to market exclusivity for a generic drug. Currently, the Food and Drug Administration (FDA) awards 180 days of exclusivity on the market to a first applicant to file a qualifying application for market approval of a generic drug. Generally, this exclusivity period begins upon a first applicant's commercial marketing of the drug. The bill authorizes the FDA to approve a subsequent generic drug application prior to a first applicant's first date of commercial marketing if (1) the subsequent application is ready for full approval, (2) a first applicant's application has been pending for at least 30 months, and (3) the approval of a first applicant's application is not precluded by patent infringement claims asserted against that first applicant.

To amend the Federal Food, Drug, and Cosmetic Act, with respect to eligibility for approval of a subsequent generic drug, to remove the barrier to that approval posed by the 180-day exclusivity period afforded to a first generic applicant that has not yet received final approval, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021'' or the ``BLOCKING Act of 2021''. SEC. 2. CHANGE CONDITIONS OF FIRST GENERIC EXCLUSIVITY TO SPUR ACCESS AND COMPETITION. Clause (iv) of section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- (1) in subclause (I), after ``180 days after the date of the first commercial marketing of the drug (including the commercial marketing of the listed drug) by any first applicant'' by inserting ``or by an applicant whose application is approved pursuant to subclause (III)''; and (2) by adding at the end the following new subclause: ``(III) Applicant approval.--An application containing a certification described in paragraph (2)(A)(vii)(IV) that is for a drug for which a first applicant has submitted an application containing such a certification can be approved notwithstanding the eligibility of a first applicant for the 180-day exclusivity period described in subclause (II)(aa) if each of the following conditions is met: ``(aa) The approval of such an application could be made effective, but for the eligibility of a first applicant for 180-day exclusivity under this clause. ``(bb) At least 30 months have passed since the date of submission of an application for the drug by at least one first applicant. ``(cc) Approval of an application for the drug submitted by at least one first applicant is not precluded under clause (iii). ``(dd) No application for the drug submitted by any first applicant is approved at the time the conditions under items (aa), (bb), and (cc) are all met, regardless of whether such an application is subsequently approved.''. <all>

Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021

To amend the Federal Food, Drug, and Cosmetic Act, with respect to eligibility for approval of a subsequent generic drug, to remove the barrier to that approval posed by the 180-day exclusivity period afforded to a first generic applicant that has not yet received final approval, and for other purposes.

BLOCKING Act of 2021 Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021

Rep. Schrader, Kurt

D

OR

This bill modifies provisions related to market exclusivity for a generic drug. Currently, the Food and Drug Administration (FDA) awards 180 days of exclusivity on the market to a first applicant to file a qualifying application for market approval of a generic drug. Generally, this exclusivity period begins upon a first applicant's commercial marketing of the drug. The bill authorizes the FDA to approve a subsequent generic drug application prior to a first applicant's first date of commercial marketing if (1) the subsequent application is ready for full approval, (2) a first applicant's application has been pending for at least 30 months, and (3) the approval of a first applicant's application is not precluded by patent infringement claims asserted against that first applicant.

To amend the Federal Food, Drug, and Cosmetic Act, with respect to eligibility for approval of a subsequent generic drug, to remove the barrier to that approval posed by the 180-day exclusivity period afforded to a first generic applicant that has not yet received final approval, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021'' or the ``BLOCKING Act of 2021''. SEC. 2. CHANGE CONDITIONS OF FIRST GENERIC EXCLUSIVITY TO SPUR ACCESS AND COMPETITION. Clause (iv) of section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- (1) in subclause (I), after ``180 days after the date of the first commercial marketing of the drug (including the commercial marketing of the listed drug) by any first applicant'' by inserting ``or by an applicant whose application is approved pursuant to subclause (III)''; and (2) by adding at the end the following new subclause: ``(III) Applicant approval.--An application containing a certification described in paragraph (2)(A)(vii)(IV) that is for a drug for which a first applicant has submitted an application containing such a certification can be approved notwithstanding the eligibility of a first applicant for the 180-day exclusivity period described in subclause (II)(aa) if each of the following conditions is met: ``(aa) The approval of such an application could be made effective, but for the eligibility of a first applicant for 180-day exclusivity under this clause. ``(bb) At least 30 months have passed since the date of submission of an application for the drug by at least one first applicant. ``(cc) Approval of an application for the drug submitted by at least one first applicant is not precluded under clause (iii). ``(dd) No application for the drug submitted by any first applicant is approved at the time the conditions under items (aa), (bb), and (cc) are all met, regardless of whether such an application is subsequently approved.''. <all>

H.R.7938

Energy

Domestic Uranium Saves America Act or the Domestic USA Act This bill requires the inclusion of uranium on a list of mineral commodities that are critical to the U.S. economy and national security.

To provide for the inclusion of uranium on the list of critical minerals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Uranium Saves America Act'' or the ``Domestic USA Act''. SEC. 2. URANIUM CRITICAL MINERAL STATUS. Notwithstanding the exclusion of fuel minerals from the definition of the term ``critical mineral'' under any Federal law, regulation, or Executive order, uranium-- (1) is deemed to be included on the 2022 final list of critical minerals in the notice entitled ``2022 Final List of Critical Minerals'' published by the United States Geological Survey (87 Fed. Reg. 10381; February 24, 2022), and shall be treated as if included on that list at the time of publication; and (2) shall be included on each subsequent list of critical minerals published pursuant to section 7002 of the Energy Act of 2020 (30 U.S.C. 1606). <all>

Domestic USA Act

To provide for the inclusion of uranium on the list of critical minerals, and for other purposes.

Domestic USA Act Domestic Uranium Saves America Act

Rep. Lesko, Debbie

R

AZ

This bill requires the inclusion of uranium on a list of mineral commodities that are critical to the U.S. economy and national security.

To provide for the inclusion of uranium on the list of critical minerals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Uranium Saves America Act'' or the ``Domestic USA Act''. SEC. 2. URANIUM CRITICAL MINERAL STATUS. Notwithstanding the exclusion of fuel minerals from the definition of the term ``critical mineral'' under any Federal law, regulation, or Executive order, uranium-- (1) is deemed to be included on the 2022 final list of critical minerals in the notice entitled ``2022 Final List of Critical Minerals'' published by the United States Geological Survey (87 Fed. Reg. 10381; February 24, 2022), and shall be treated as if included on that list at the time of publication; and (2) shall be included on each subsequent list of critical minerals published pursuant to section 7002 of the Energy Act of 2020 (30 U.S.C. 1606). <all>

S.4962

International Affairs

Bicycles for Rural African Transport Act The bill requires the United States Agency for International Development (USAID) to establish a program to provide bicycles in rural communities in sub-Saharan Africa.  The program must focus on providing bicycles to rural communities to promote access to education, health care, and livelihood opportunities.

To establish within the Office of Gender Equality and Women's Empowerment of the United States Agency for International Development a rural mobility program to promote mobility in rural communities through access to affordable, fit-for-purpose bicycles, to provide support to sustainably increase access to rural areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bicycles for Rural African Transport Act''. SEC. 2. RURAL MOBILITY PROGRAM IN SUB-SAHARAN AFRICA. (a) Establishment.-- (1) In general.--The Administrator of the United States Agency for International Development (referred to in this section as ``USAID'') shall establish, within the Office of Gender Equality and Women's Empowerment, a rural mobility program (referred to in this section as the ``Program'') to carry out the purposes described in paragraph (2), including through grants made to eligible nongovernmental partner organizations. In making such grants, the Administrator shall give priority to organizations with demonstrated success conducting rural mobility programs in the region for such purposes. (2) Purpose.--The Program shall focus on country-driven projects within sub-Saharan Africa that-- (A) promote rural communities' access to critical services and opportunities, including education, health care, and livelihood opportunities, through access to affordable, fit-for-purpose bicycles; and (B) provide support to sustainably increase access to critical services, such as education, health care, and livelihood opportunities in rural areas, including through support for rural-based mechanics, access to spare parts, reduction of social and gender-based stigma, and community project management capacity. (3) Partnerships.--To the greatest extent practicable, the Program shall partner with existing entities outside the United States that have successful models for providing access to affordable bicycles to achieve development objectives. (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this section-- (A) $3,000,000 for each of the fiscal years 2023 and 2024; (B) $6,000,000 for each of the fiscal years 2025 and 2026; and (C) $12,000,000 for fiscal year 2027 and for each fiscal year thereafter. (b) Report.-- (1) Prior projects.--Not later than 30 days after the date of the enactment of this Act, the Administrator of USAID shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that, with respect to each of the fiscal years 2019 through 2022-- (A) describes the projects carried out by USAID that relate to any of the purposes described in subsection (a)(2); (B) identifies the countries in which USAID embedded rural bicycle mobility into strategies, programs, and projects of USAID and describes the mechanisms by which rural bicycle mobility was so embedded; (C) specifies the number of bicycles distributed through projects carried out by USAID; and (D) assesses the outcomes for, and impacts on, participants in such projects and the efforts of USAID to disseminate lessons learned from such projects. (2) Current projects.--Not later than December 30, 2024, and each December 30 thereafter, the Administrator of USAID shall submit a report to the congressional committees referred to in paragraph (1) that-- (A) describes the projects carried out by USAID during the most recently concluded fiscal year; and (B) includes information relating to the matters described in subparagraphs (B) through (D) of paragraph (1). <all>

Bicycles for Rural African Transport Act

A bill to establish within the Office of Gender Equality and Women's Empowerment of the United States Agency for International Development a rural mobility program to promote mobility in rural communities through access to affordable, fit-for-purpose bicycles, to provide support to sustainably increase access to rural areas, and for other purposes.

Bicycles for Rural African Transport Act

Sen. Durbin, Richard J.

D

IL

The bill requires the United States Agency for International Development (USAID) to establish a program to provide bicycles in rural communities in sub-Saharan Africa. The program must focus on providing bicycles to rural communities to promote access to education, health care, and livelihood opportunities.

To establish within the Office of Gender Equality and Women's Empowerment of the United States Agency for International Development a rural mobility program to promote mobility in rural communities through access to affordable, fit-for-purpose bicycles, to provide support to sustainably increase access to rural areas, and for other purposes. SHORT TITLE. This Act may be cited as the ``Bicycles for Rural African Transport Act''. SEC. 2. RURAL MOBILITY PROGRAM IN SUB-SAHARAN AFRICA. In making such grants, the Administrator shall give priority to organizations with demonstrated success conducting rural mobility programs in the region for such purposes. (2) Purpose.--The Program shall focus on country-driven projects within sub-Saharan Africa that-- (A) promote rural communities' access to critical services and opportunities, including education, health care, and livelihood opportunities, through access to affordable, fit-for-purpose bicycles; and (B) provide support to sustainably increase access to critical services, such as education, health care, and livelihood opportunities in rural areas, including through support for rural-based mechanics, access to spare parts, reduction of social and gender-based stigma, and community project management capacity. (3) Partnerships.--To the greatest extent practicable, the Program shall partner with existing entities outside the United States that have successful models for providing access to affordable bicycles to achieve development objectives. (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this section-- (A) $3,000,000 for each of the fiscal years 2023 and 2024; (B) $6,000,000 for each of the fiscal years 2025 and 2026; and (C) $12,000,000 for fiscal year 2027 and for each fiscal year thereafter. (b) Report.-- (1) Prior projects.--Not later than 30 days after the date of the enactment of this Act, the Administrator of USAID shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that, with respect to each of the fiscal years 2019 through 2022-- (A) describes the projects carried out by USAID that relate to any of the purposes described in subsection (a)(2); (B) identifies the countries in which USAID embedded rural bicycle mobility into strategies, programs, and projects of USAID and describes the mechanisms by which rural bicycle mobility was so embedded; (C) specifies the number of bicycles distributed through projects carried out by USAID; and (D) assesses the outcomes for, and impacts on, participants in such projects and the efforts of USAID to disseminate lessons learned from such projects. (2) Current projects.--Not later than December 30, 2024, and each December 30 thereafter, the Administrator of USAID shall submit a report to the congressional committees referred to in paragraph (1) that-- (A) describes the projects carried out by USAID during the most recently concluded fiscal year; and (B) includes information relating to the matters described in subparagraphs (B) through (D) of paragraph (1).

S.2394

Energy

Federal Land Freedom Act of 2021 This bill authorizes a state with an established oil and gas leasing program to take responsibility from the federal government for leasing and regulating the exploration and development of oil, gas, and other forms of energy on certain federal land in the state. In addition, the bill exempts state actions to lease, permit, or regulate oil and gas exploration and development from certain requirements under the Administrative Procedure Act, the National Historic Preservation Act, the Endangered Species Act of 1973, and the National Environmental Policy Act of 1969.

To achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land. Be it enacted by the Senate 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 Land Freedom Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act-- (A) 113,000,000 acres of onshore Federal land are open and accessible for oil and natural gas development; and (B) approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and natural gas development; (2) despite the recent oil and natural gas boom in the United States, the number of acres of Federal land leased for oil and natural gas exploration has decreased by 24 percent since 2008; (3) in 2013, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984; (4) the reduction in leasing of Federal land harms economic growth and Federal revenues; (5) in 2013, it took 197 days to process applications for permits to drill on Federal land; and (6) the States have extensive and sufficient regulatory frameworks for permitting oil and natural gas development. SEC. 3. DEFINITIONS. In this Act: (1) Available federal land.--The term ``available Federal land'' means any Federal land that, as of May 31, 2013-- (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program.--The term ``State leasing, permitting, and regulatory program'' means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. SEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND. (a) State Leasing, Permitting, and Regulatory Programs.--Any State that has established a State leasing, permitting, and regulatory program may-- (1) submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and (2) seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. (b) State Action Authorized.--Notwithstanding any other provision of law, on submission of a declaration under subsection (a)(1), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government. (c) Effect of State Action.--Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to subsection (b) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under-- (1) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); (2) division A of subtitle III of title 54, United States Code; (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. NO EFFECT ON FEDERAL REVENUES. (a) In General.--Any lease or permit issued by a State pursuant to section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (b) Disposition of Revenues.--Any revenues collected by a State from leasing or permitting on Federal land pursuant to section 4 shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. (c) Effect on State Processing Fees.--Nothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit. <all>

Federal Land Freedom Act of 2021

A bill to achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land.

Federal Land Freedom Act of 2021

Sen. Inhofe, James M.

R

OK

This bill authorizes a state with an established oil and gas leasing program to take responsibility from the federal government for leasing and regulating the exploration and development of oil, gas, and other forms of energy on certain federal land in the state. In addition, the bill exempts state actions to lease, permit, or regulate oil and gas exploration and development from certain requirements under the Administrative Procedure Act, the National Historic Preservation Act, the Endangered Species Act of 1973, and the National Environmental Policy Act of 1969.

Be it enacted by the Senate 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 Land Freedom Act of 2021''. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act-- (A) 113,000,000 acres of onshore Federal land are open and accessible for oil and natural gas development; and (B) approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and natural gas development; (2) despite the recent oil and natural gas boom in the United States, the number of acres of Federal land leased for oil and natural gas exploration has decreased by 24 percent since 2008; (3) in 2013, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984; (4) the reduction in leasing of Federal land harms economic growth and Federal revenues; (5) in 2013, it took 197 days to process applications for permits to drill on Federal land; and (6) the States have extensive and sufficient regulatory frameworks for permitting oil and natural gas development. 3. DEFINITIONS. (2) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program.--The term ``State leasing, permitting, and regulatory program'' means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND. (c) Effect of State Action.--Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to subsection (b) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under-- (1) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); (2) division A of subtitle III of title 54, United States Code; (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); or (4) the National Environmental Policy Act of 1969 (42 U.S.C. SEC. 5. NO EFFECT ON FEDERAL REVENUES. (a) In General.--Any lease or permit issued by a State pursuant to section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (c) Effect on State Processing Fees.--Nothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.

H.R.4928

Transportation and Public Works

Responsive Employees Support Productive Educated Congressional Talk Act or the RESPECT Act This bill requires the Federal Aviation Administration (FAA) to respond in writing within 90 days to requests for data and information from Congress. Specifically, the FAA must respond if The FAA must also provide staff at a private or public meeting with a Member of Congress if certain conditions are met.

To require the Administrator of the Federal Aviation Administration to respond to requests for information from Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsive Employees Support Productive Educated Congressional Talk Act'' or the ``RESPECT Act''. SEC. 2. FAA RESPONSIVENESS TO CONGRESS. (a) Purpose.--This section is enacted pursuant to the legislative oversight responsibilities of Congress and to enable a Member of Congress to effectively represent their constituents and respond to constituent inquiries. (b) Requirements.--If a Member of Congress submits to the FAA a written request for information on proposed, previous, or current flight procedures or other data or information relating to the District of such Member, the following conditions apply: (1) Data request.--Not later than 90 days after receipt of such request, the Administrator of the FAA shall substantively respond in writing with the requested data or information in the format requested by the Member of Congress, if-- (A) the data is within the control of the FAA; and (B) the data would be otherwise appropriate to provide if requested-- (i) by an airline, an airport, a flight procedure proponent, an Aviation Roundtable, or anyone not employed by the FAA; or (ii) via a Freedom of Information request from any individual or any entity. (2) Notification.--If the Administrator does not provide the requested information pursuant to paragraph (1), the Administrator shall notify the requesting Member of Congress, Congress, and the Chairman and Ranking Member of the Transportation and Infrastructure Committee of the House of Representatives. (c) Staffing of Meetings.--If a Member of Congress submits to the FAA a written request for the FAA to provide staff at a private or public meeting with the Member, the Administrator shall provide such staff if-- (1) the request is made in writing at least 30 days before the meeting date; and (2) the request is made on the same terms and conditions as specified by FAA appearances at Aviation Roundtable meetings. (d) Notification.--If the Administrator does not comply with a request made by a Member of Congress (as described in subsection (c)), the Administrator shall provide the requesting Member of Congress, Congress, and the Chairman and Ranking Member of the Transportation and Infrastructure Committee of the House of Representatives with an explanation why the request will not be fulfilled. (e) Definitions.--In this section, the following definitions apply: (1) Flight procedure.--The term ``flight procedure'' means a preplanned Instrument Flight Rules (IFR) procedure published for pilot use, in graphic or textual format, that provides obstruction clearance from the terminal area to the en route structure (departure) or from the en route structure to the terminal area (arrival). (2) Procedure proponent.--The term ``procedure proponent'' means a person or entity proposing a new or modified flight procedure. (3) Aviation roundtable.--The term ``Aviation Roundtable'' means an organization designed to address community concerns over a sustained period of time regarding aircraft operations often associated with a nearby airport. <all>

RESPECT Act

To require the Administrator of the Federal Aviation Administration to respond to requests for information from Members of Congress, and for other purposes.

RESPECT Act Responsive Employees Support Productive Educated Congressional Talk Act

Rep. Speier, Jackie

D

CA

This bill requires the Federal Aviation Administration (FAA) to respond in writing within 90 days to requests for data and information from Congress. Specifically, the FAA must respond if The FAA must also provide staff at a private or public meeting with a Member of Congress if certain conditions are met.

To require the Administrator of the Federal Aviation Administration to respond to requests for information from Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsive Employees Support Productive Educated Congressional Talk Act'' or the ``RESPECT Act''. SEC. 2. FAA RESPONSIVENESS TO CONGRESS. (a) Purpose.--This section is enacted pursuant to the legislative oversight responsibilities of Congress and to enable a Member of Congress to effectively represent their constituents and respond to constituent inquiries. (b) Requirements.--If a Member of Congress submits to the FAA a written request for information on proposed, previous, or current flight procedures or other data or information relating to the District of such Member, the following conditions apply: (1) Data request.--Not later than 90 days after receipt of such request, the Administrator of the FAA shall substantively respond in writing with the requested data or information in the format requested by the Member of Congress, if-- (A) the data is within the control of the FAA; and (B) the data would be otherwise appropriate to provide if requested-- (i) by an airline, an airport, a flight procedure proponent, an Aviation Roundtable, or anyone not employed by the FAA; or (ii) via a Freedom of Information request from any individual or any entity. (2) Notification.--If the Administrator does not provide the requested information pursuant to paragraph (1), the Administrator shall notify the requesting Member of Congress, Congress, and the Chairman and Ranking Member of the Transportation and Infrastructure Committee of the House of Representatives. (c) Staffing of Meetings.--If a Member of Congress submits to the FAA a written request for the FAA to provide staff at a private or public meeting with the Member, the Administrator shall provide such staff if-- (1) the request is made in writing at least 30 days before the meeting date; and (2) the request is made on the same terms and conditions as specified by FAA appearances at Aviation Roundtable meetings. (e) Definitions.--In this section, the following definitions apply: (1) Flight procedure.--The term ``flight procedure'' means a preplanned Instrument Flight Rules (IFR) procedure published for pilot use, in graphic or textual format, that provides obstruction clearance from the terminal area to the en route structure (departure) or from the en route structure to the terminal area (arrival). (2) Procedure proponent.--The term ``procedure proponent'' means a person or entity proposing a new or modified flight procedure. (3) Aviation roundtable.--The term ``Aviation Roundtable'' means an organization designed to address community concerns over a sustained period of time regarding aircraft operations often associated with a nearby airport.

S.173

Public Lands and Natural Resources

Colorado Outdoor Recreation and Economy Act This bill provides for the conservation of specified lands in Colorado. Specifically, the bill designates The bill adjusts the boundary of the White River National Forest and the Rocky Mountain National Park Potential Wilderness. The bill provides for the inclusion of additional federal lands in the National Wilderness Preservation System. The bill provides for the cancellation of all Thompson Divide oil or gas leases. The bill establishes the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions to reduce methane emissions, improve air quality, and improve public safety, among other things.

To provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, and for other 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 ``Colorado Outdoor Recreation and Economy Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of State. TITLE I--CONTINENTAL DIVIDE Sec. 101. Definitions. Sec. 102. Colorado Wilderness additions. Sec. 103. Williams Fork Mountains Wilderness. Sec. 104. Tenmile Recreation Management Area. Sec. 105. Porcupine Gulch Wildlife Conservation Area. Sec. 106. Williams Fork Mountains Wildlife Conservation Area. Sec. 107. Camp Hale National Historic Landscape. Sec. 108. White River National Forest boundary modification. Sec. 109. Rocky Mountain National Park Potential Wilderness boundary adjustment. Sec. 110. Administrative provisions. TITLE II--SAN JUAN MOUNTAINS Sec. 201. Definitions. Sec. 202. Additions to National Wilderness Preservation System. Sec. 203. Special management areas. Sec. 204. Release of wilderness study areas. Sec. 205. Administrative provisions. TITLE III--THOMPSON DIVIDE Sec. 301. Purposes. Sec. 302. Definitions. Sec. 303. Thompson Divide Withdrawal and Protection Area. Sec. 304. Thompson Divide lease exchange. Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program. Sec. 306. Effect. TITLE IV--CURECANTI NATIONAL RECREATION AREA Sec. 401. Definitions. Sec. 402. Curecanti National Recreation Area. Sec. 403. Acquisition of land; boundary management. Sec. 404. General management plan. Sec. 405. Boundary survey. SEC. 2. DEFINITION OF STATE. In this Act, the term ``State'' means the State of Colorado. TITLE I--CONTINENTAL DIVIDE SEC. 101. DEFINITIONS. In this title: (1) Covered area.--The term ``covered area'' means any area designated as wilderness by the amendments to section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) made by section 102(a). (2) Historic landscape.--The term ``Historic Landscape'' means the Camp Hale National Historic Landscape designated by section 107(a). (3) Recreation management area.--The term ``Recreation Management Area'' means the Tenmile Recreation Management Area designated by section 104(a). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Wildlife conservation area.--The term ``Wildlife Conservation Area'' means, as applicable-- (A) the Porcupine Gulch Wildlife Conservation Area designated by section 105(a); and (B) the Williams Fork Mountains Wildlife Conservation Area designated by section 106(a). SEC. 102. COLORADO WILDERNESS ADDITIONS. (a) Designation.--Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended-- (1) in paragraph (18), by striking ``1993,'' and inserting ``1993, and certain Federal land within the White River National Forest that comprises approximately 6,896 acres, as generally depicted as `Proposed Ptarmigan Peak Wilderness Additions' on the map entitled `Proposed Ptarmigan Peak Wilderness Additions' and dated June 24, 2019,''; and (2) by adding at the end the following: ``(23) Holy cross wilderness addition.--Certain Federal land within the White River National Forest that comprises approximately 3,866 acres, as generally depicted as `Proposed Megan Dickie Wilderness Addition' on the map entitled `Holy Cross Wilderness Addition Proposal' and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Holy Cross Wilderness designated by section 102(a)(5) of Public Law 96-560 (94 Stat. 3266). ``(24) Hoosier ridge wilderness.--Certain Federal land within the White River National Forest that comprises approximately 5,235 acres, as generally depicted as `Proposed Hoosier Ridge Wilderness' on the map entitled `Tenmile Proposal' and dated June 24, 2019, which shall be known as the `Hoosier Ridge Wilderness'. ``(25) Tenmile wilderness.--Certain Federal land within the White River National Forest that comprises approximately 7,624 acres, as generally depicted as `Proposed Tenmile Wilderness' on the map entitled `Tenmile Proposal' and dated June 24, 2019, which shall be known as the `Tenmile Wilderness'. ``(26) Eagles nest wilderness additions.--Certain Federal land within the White River National Forest that comprises approximately 9,670 acres, as generally depicted as `Proposed Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek Wilderness Addition' on the map entitled `Eagles Nest Wilderness Additions Proposal' and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Eagles Nest Wilderness designated by Public Law 94-352 (90 Stat. 870).''. (b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering a covered area. (c) Fire, Insects, and Diseases.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activity in a covered area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. (d) Grazing.--The grazing of livestock on a covered area, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (e) Coordination.--For purposes of administering the Federal land designated as wilderness by paragraph (26) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103- 77) (as added by subsection (a)(2)), the Secretary shall, as determined to be appropriate for the protection of watersheds, coordinate the activities of the Secretary in response to fires and flooding events with interested State and local agencies, including operations using aircraft or mechanized equipment. SEC. 103. WILLIAMS FORK MOUNTAINS WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River National Forest in the State, comprising approximately 8,036 acres, as generally depicted as ``Proposed Williams Fork Mountains Wilderness'' on the map entitled ``Williams Fork Mountains Proposal'' and dated June 24, 2019, is designated as a potential wilderness area. (b) Management.--Subject to valid existing rights and except as provided in subsection (d), the potential wilderness area designated by subsection (a) shall be managed in accordance with-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and (2) this section. (c) Livestock Use of Vacant Allotments.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, in accordance with applicable laws (including regulations), the Secretary shall publish a determination regarding whether to authorize livestock grazing or other use by livestock on the vacant allotments known as-- (A) the ``Big Hole Allotment''; and (B) the ``Blue Ridge Allotment''. (2) Modification of allotments.--In publishing a determination pursuant to paragraph (1), the Secretary may modify or combine the vacant allotments referred to in that paragraph. (3) Permit or other authorization.--Not later than 1 year after the date on which a determination of the Secretary to authorize livestock grazing or other use by livestock is published under paragraph (1), if applicable, the Secretary shall grant a permit or other authorization for that livestock grazing or other use in accordance with applicable laws (including regulations). (d) Range Improvements.-- (1) In general.--If the Secretary permits livestock grazing or other use by livestock on the potential wilderness area under subsection (c), the Secretary, or a third party authorized by the Secretary, may use any motorized or mechanized transport or equipment for purposes of constructing or rehabilitating such range improvements as are necessary to obtain appropriate livestock management objectives (including habitat and watershed restoration). (2) Termination of authority.--The authority provided by this subsection terminates on the date that is 2 years after the date on which the Secretary publishes a positive determination under subsection (c)(3). (e) Designation as Wilderness.-- (1) Designation.--The potential wilderness area designated by subsection (a) shall be designated as wilderness, to be known as the ``Williams Fork Mountains Wilderness''-- (A) effective not earlier than the date that is 180 days after the date of enactment this Act; and (B) on the earliest of-- (i) the date on which the Secretary publishes in the Federal Register a notice that the construction or rehabilitation of range improvements under subsection (d) is complete; (ii) the date described in subsection (d)(2); and (iii) the effective date of a determination of the Secretary not to authorize livestock grazing or other use by livestock under subsection (c)(1). (2) Administration.--Subject to valid existing rights, the Secretary shall manage the Williams Fork Mountains Wilderness in accordance with-- (A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77); and (B) this title. SEC. 104. TENMILE RECREATION MANAGEMENT AREA. (a) Designation.--Subject to valid existing rights, the approximately 17,122 acres of Federal land in the White River National Forest in the State, as generally depicted as ``Proposed Tenmile Recreation Management Area'' on the map entitled ``Tenmile Proposal'' and dated June 24, 2019, are designated as the ``Tenmile Recreation Management Area''. (b) Purposes.--The purposes of the Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the Recreation Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Recreation Management Area-- (A) in a manner that conserves, protects, and enhances-- (i) the purposes of the Recreation Management Area described in subsection (b); and (ii) recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and (B) in accordance with-- (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Recreation Management Area as the Secretary determines would further the purposes described in subsection (b). (B) Vehicles.-- (i) In general.--Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to the roads, vehicle classes, and periods authorized for motorized vehicle use on the date of enactment of this Act. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary road shall be constructed in the Recreation Management Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as the Secretary determines to be appropriate; (II) authorizing the use of motorized vehicles for administrative purposes or roadside camping; (III) constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects; (IV) authorizing the use of motorized vehicles to carry out any activity described in subsection (d), (e)(1), or (f); or (V) responding to an emergency. (C) Commercial timber.-- (i) In general.--Subject to clause (ii), no project shall be carried out in the Recreation Management Area for the purpose of harvesting commercial timber. (ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section. (d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Recreation Management Area, subject to such terms and conditions as the Secretary determines to be appropriate. (e) Water.-- (1) Effect on water management infrastructure.--Nothing in this section affects the construction, repair, reconstruction, replacement, operation, maintenance, or renovation within the Recreation Management Area of-- (A) water management infrastructure in existence on the date of enactment of this Act; or (B) any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act. (2) Applicable law.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Recreation Management Area. (f) Regional Transportation Projects.--Nothing in this section precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Recreation Management Area for-- (1) a regional transportation project, including-- (A) highway widening or realignment; and (B) construction of multimodal transportation systems; or (2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1). (g) Applicable Law.--Nothing in this section affects the designation of the Federal land within the Recreation Management Area for purposes of-- (1) section 138 of title 23, United States Code; or (2) section 303 of title 49, United States Code. (h) Permits.--Nothing in this section alters or limits-- (1) any permit held by a ski area or other entity; or (2) the acceptance, review, or implementation of associated activities or facilities proposed or authorized by law or permit outside the boundaries of the Recreation Management Area. SEC. 105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA. (a) Designation.--Subject to valid existing rights, the approximately 8,287 acres of Federal land located in the White River National Forest, as generally depicted as ``Proposed Porcupine Gulch Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch Wildlife Conservation Area Proposal'' and dated June 24, 2019, are designated as the ``Porcupine Gulch Wildlife Conservation Area'' (referred to in this section as the ``Wildlife Conservation Area''). (b) Purposes.--The purposes of the Wildlife Conservation Area are-- (1) to conserve and protect a wildlife migration corridor over Interstate 70; and (2) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, and ecological resources of the Wildlife Conservation Area. (c) Management.-- (1) In general.--The Secretary shall manage the Wildlife Conservation Area-- (A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and (B) in accordance with-- (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b). (B) Recreation.--The Secretary may permit such recreational activities in the Wildlife Conservation Area that the Secretary determines are consistent with the purposes described in subsection (b). (C) Motorized vehicles and mechanized transport; new or temporary roads.-- (i) Motorized vehicles and mechanized transport.--Except as provided in clause (iii), the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited. (ii) New or temporary roads.--Except as provided in clause (iii) and subsection (e), no new or temporary road shall be constructed within the Wildlife Conservation Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) authorizing the use of motorized vehicles or mechanized transport for administrative purposes; (II) constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects; (III) authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or (IV) responding to an emergency. (D) Commercial timber.-- (i) In general.--Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber. (ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section. (d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate. (e) Regional Transportation Projects.--Nothing in this section or section 110(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for-- (1) a regional transportation project, including-- (A) highway widening or realignment; and (B) construction of multimodal transportation systems; or (2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1). (f) Applicable Law.--Nothing in this section affects the designation of the Federal land within the Wildlife Conservation Area for purposes of-- (1) section 138 of title 23, United States Code; or (2) section 303 of title 49, United States Code. (g) Water.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area. SEC. 106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA. (a) Designation.--Subject to valid existing rights, the approximately 3,528 acres of Federal land in the White River National Forest in the State, as generally depicted as ``Proposed Williams Fork Mountains Wildlife Conservation Area'' on the map entitled ``Williams Fork Mountains Proposal'' and dated June 24, 2019, are designated as the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to in this section as the ``Wildlife Conservation Area''). (b) Purposes.--The purposes of the Wildlife Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, recreational, and ecological resources of the Wildlife Conservation Area. (c) Management.-- (1) In general.--The Secretary shall manage the Wildlife Conservation Area-- (A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and (B) in accordance with-- (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--Except as provided in clause (iii), the use of motorized vehicles in the Wildlife Conservation Area shall be limited to designated roads and trails. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary road shall be constructed in the Wildlife Conservation Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) authorizing the use of motorized vehicles for administrative purposes; (II) authorizing the use of motorized vehicles to carry out activities described in subsection (d); or (III) responding to an emergency. (C) Bicycles.--The use of bicycles in the Wildlife Conservation Area shall be limited to designated roads and trails. (D) Commercial timber.-- (i) In general.--Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber. (ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section. (E) Grazing.--The laws (including regulations) and policies followed by the Secretary in issuing and administering grazing permits or leases on land under the jurisdiction of the Secretary shall continue to apply with regard to the land in the Wildlife Conservation Area, consistent with the purposes described in subsection (b). (d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate. (e) Regional Transportation Projects.--Nothing in this section or section 110(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for-- (1) a regional transportation project, including-- (A) highway widening or realignment; and (B) construction of multimodal transportation systems; or (2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1). (f) Water.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area. SEC. 107. CAMP HALE NATIONAL HISTORIC LANDSCAPE. (a) Designation.--Subject to valid existing rights, the approximately 28,676 acres of Federal land in the White River National Forest in the State, as generally depicted as ``Proposed Camp Hale National Historic Landscape'' on the map entitled ``Camp Hale National Historic Landscape Proposal'' and dated June 24, 2019, are designated the ``Camp Hale National Historic Landscape''. (b) Purposes.--The purposes of the Historic Landscape are-- (1) to provide for-- (A) the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history; (B) the historic preservation of the Historic Landscape, consistent with-- (i) the designation of the Historic Landscape as a national historic site; and (ii) the other purposes of the Historic Landscape; (C) recreational opportunities, with an emphasis on the activities related to the historic use of the Historic Landscape, including skiing, snowshoeing, snowmobiling, hiking, horseback riding, climbing, other road- and trail-based activities, and other outdoor activities; and (D) the continued environmental remediation and removal of unexploded ordnance at the Camp Hale Formerly Used Defense Site and the Camp Hale historic cantonment area; and (2) to conserve, protect, restore, and enhance for the benefit and enjoyment of present and future generations the scenic, watershed, and ecological resources of the Historic Landscape. (c) Management.-- (1) In general.--The Secretary shall manage the Historic Landscape in accordance with-- (A) the purposes of the Historic Landscape described in subsection (b); and (B) any other applicable laws (including regulations). (2) Management plan.-- (A) In general.--Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare a management plan for the Historic Landscape. (B) Contents.--The management plan prepared under subparagraph (A) shall include plans for-- (i) improving the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history; (ii) conducting historic preservation and veteran outreach and engagement activities; (iii) managing recreational opportunities, including the use and stewardship of-- (I) the road and trail systems; and (II) dispersed recreation resources; (iv) the conservation, protection, restoration, or enhancement of the scenic, watershed, and ecological resources of the Historic Landscape, including-- (I) conducting the restoration and enhancement project under subsection (d); (II) forest fuels, wildfire, and mitigation management; and (III) watershed health and protection; (v) environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance; and (vi) managing the Historic Landscape in accordance with subsection (g). (3) Explosive hazards.--The Secretary shall provide to the Secretary of the Army a notification of any unexploded ordnance (as defined in section 101(e) of title 10, United States Code) that is discovered in the Historic Landscape. (d) Camp Hale Restoration and Enhancement Project.-- (1) In general.--The Secretary shall conduct a restoration and enhancement project in the Historic Landscape-- (A) to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River; (B) to maintain or improve recreation and interpretive opportunities and facilities; and (C) to conserve historic values in the Camp Hale area. (2) Coordination.--In carrying out the project described in paragraph (1), the Secretary shall coordinate with, and provide the opportunity to collaborate on the project to-- (A) the Corps of Engineers; (B) the Camp Hale-Eagle River Headwaters Collaborative Group; (C) the National Forest Foundation; (D) the Colorado Department of Public Health and Environment; (E) the Colorado State Historic Preservation Office; (F) the Colorado Department of Natural Resources; (G) units of local government; and (H) other interested organizations and members of the public. (e) Environmental Remediation.-- (1) In general.--The Secretary of the Army shall continue to carry out the projects and activities of the Department of the Army in existence on the date of enactment of this Act relating to cleanup of-- (A) the Camp Hale Formerly Used Defense Site; or (B) the Camp Hale historic cantonment area. (2) Removal of unexploded ordnance.-- (A) In general.--The Secretary of the Army may remove unexploded ordnance (as defined in section 101(e) of title 10, United States Code) from the Historic Landscape, as the Secretary of the Army determines to be appropriate in accordance with applicable law (including regulations). (B) Action on receipt of notice.--On receipt from the Secretary of a notification of unexploded ordnance under subsection (c)(3), the Secretary of the Army may remove the unexploded ordnance in accordance with-- (i) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code; (ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and (iii) any other applicable provision of law (including regulations). (3) Effect of subsection.--Nothing in this subsection modifies any obligation in existence on the date of enactment of this Act relating to environmental remediation or removal of any unexploded ordnance located in or around the Camp Hale historic cantonment area, the Camp Hale Formerly Used Defense Site, or the Historic Landscape, including such an obligation under-- (A) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code; (B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or (C) any other applicable provision of law (including regulations). (f) Interagency Agreement.--The Secretary and the Secretary of the Army shall enter into an agreement-- (1) to specify-- (A) the activities of the Secretary relating to the management of the Historic Landscape; and (B) the activities of the Secretary of the Army relating to environmental remediation and the removal of unexploded ordnance in accordance with subsection (e) and other applicable laws (including regulations); and (2) to require the Secretary to provide to the Secretary of the Army, by not later than 1 year after the date of enactment of this Act and periodically thereafter, as appropriate, a management plan for the Historic Landscape for purposes of the removal activities described in subsection (e). (g) Effect.--Nothing in this section-- (1) affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource; (2) affects any water right in existence on the date of enactment of this Act, or the exercise of such a water right, including-- (A) a water right subject to an interstate water compact (including full development of any apportionment made in accordance with such a compact); (B) a water right decreed within, above, below, or through the Historic Landscape; (C) a change, exchange, plan for augmentation, or other water decree with respect to a water right, including a conditional water right, in existence on the date of enactment of this Act-- (i) that is consistent with the purposes described in subsection (b); and (ii) that does not result in diversion of a greater flow rate or volume of water for such a water right in existence on the date of enactment of this Act; (D) a water right held by the United States; (E) the management or operation of any reservoir, including the storage, management, release, or transportation of water; and (F) the construction or operation of such infrastructure as is determined to be necessary by an individual or entity holding water rights to develop and place to beneficial use those rights, subject to applicable Federal, State, and local law (including regulations); (3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right; (4) alters or limits-- (A) a permit held by a ski area; (B) the implementation of activities governed by a ski area permit; or (C) the authority of the Secretary to modify or expand an existing ski area permit; (5) prevents the Secretary from closing portions of the Historic Landscape for public safety, environmental remediation, or other use in accordance with applicable laws; or (6) affects-- (A) any special use permit in effect on the date of enactment of this Act; or (B) the renewal of a permit described in subparagraph (A). (h) Funding.-- (1) In general.--There is established in the general fund of the Treasury a special account, to be known as the ``Camp Hale Historic Preservation and Restoration Fund''. (2) Authorization of appropriations.--There is authorized to be appropriated to the Camp Hale Historic Preservation and Restoration Fund $10,000,000, to be available to the Secretary until expended, for activities relating to historic interpretation, preservation, and restoration carried out in and around the Historic Landscape. (i) Designation of Overlook.--The interpretive site located beside United States Route 24 in the State, at 39.431N 106.323W, is designated as the ``Sandy Treat Overlook''. SEC. 108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION. (a) In General.--The boundary of the White River National Forest is modified to include the approximately 120 acres comprised of the SW\1/ 4\, the SE\1/4\, and the NE\1/4\ of the SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, in Summit County in the State. (b) Land and Water Conservation Fund.--For purposes of section 200306 of title 54, United States Code, the boundaries of the White River National Forest, as modified by subsection (a), shall be considered to be the boundaries of the White River National Forest as in existence on January 1, 1965. SEC. 109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY ADJUSTMENT. (a) Purpose.--The purpose of this section is to provide for the ongoing maintenance and use of portions of the Trail River Ranch and the associated property located within Rocky Mountain National Park in Grand County in the State. (b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is amended by adding at the end the following: ``(3) Boundary adjustment.--The boundary of the Potential Wilderness is modified to exclude the area comprising approximately 15.5 acres of land identified as `Potential Wilderness to Non-wilderness' on the map entitled `Rocky Mountain National Park Proposed Wilderness Area Amendment' and dated January 16, 2018.''. SEC. 110. ADMINISTRATIVE PROVISIONS. (a) Fish and Wildlife.--Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (b) No Buffer Zones.-- (1) In general.--Nothing in this title or an amendment made by this title establishes a protective perimeter or buffer zone around-- (A) a covered area; (B) a wilderness area or potential wilderness area designated by section 103; (C) the Recreation Management Area; (D) a Wildlife Conservation Area; or (E) the Historic Landscape. (2) Outside activities.--The fact that a nonwilderness activity or use on land outside of an area described in paragraph (1) can be seen or heard from within the applicable area described in paragraph (1) shall not preclude the activity or use outside the boundary of the applicable area described in paragraph (1). (c) Tribal Rights and Uses.-- (1) Treaty rights.--Nothing in this title affects the treaty rights of an Indian Tribe. (2) Traditional tribal uses.--Subject to any terms and conditions that the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the areas described in subsection (b)(1) by members of Indian Tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. (d) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of each area described in subsection (b)(1) with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any typographical errors in the maps and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Acquisition of Land.-- (1) In general.--The Secretary may acquire any land or interest in land within the boundaries of an area described in subsection (b)(1) only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness area, Recreation Management Area, Wildlife Conservation Area, or Historic Landscape, as applicable, in which the land or interest in land is located. (f) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the areas described in subsection (b)(1) are withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (g) Military Overflights.--Nothing in this title or an amendment made by this title restricts or precludes-- (1) any low-level overflight of military aircraft over any area subject to this title or an amendment made by this title, including military overflights that can be seen, heard, or detected within such an area; (2) flight testing or evaluation over an area described in paragraph (1); or (3) the use or establishment of-- (A) any new unit of special use airspace over an area described in paragraph (1); or (B) any military flight training or transportation over such an area. (h) Sense of Congress.--It is the sense of Congress that military aviation training on Federal public land in the State, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces. TITLE II--SAN JUAN MOUNTAINS SEC. 201. DEFINITIONS. In this title: (1) Covered land.--The term ``covered land'' means-- (A) land designated as wilderness under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202); and (B) a Special Management Area. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Special management area.--The term ``Special Management Area'' means each of-- (A) the Sheep Mountain Special Management Area designated by section 203(a)(1); and (B) the Liberty Bell East Special Management Area designated by section 203(a)(2). SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as amended by section 102(a)(2)) is amended by adding at the end the following: ``(27) Lizard head wilderness addition.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,141 acres, as generally depicted on the map entitled `Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness. ``(28) Mount sneffels wilderness additions.-- ``(A) Liberty bell and last dollar additions.-- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 7,235 acres, as generally depicted on the map entitled `Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(B) Whitehouse additions.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 12,465 acres, as generally depicted on the map entitled `Proposed Whitehouse Additions to the Mt. Sneffels Wilderness' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(29) Mckenna peak wilderness.--Certain Federal land in the State of Colorado comprising approximately 8,884 acres of Bureau of Land Management land, as generally depicted on the map entitled `Proposed McKenna Peak Wilderness Area' and dated September 18, 2018, to be known as the `McKenna Peak Wilderness'.''. SEC. 203. SPECIAL MANAGEMENT AREAS. (a) Designation.-- (1) Sheep mountain special management area.--The Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests in the State comprising approximately 21,663 acres, as generally depicted on the map entitled ``Proposed Sheep Mountain Special Management Area'' and dated September 19, 2018, is designated as the ``Sheep Mountain Special Management Area''. (2) Liberty bell east special management area.--The Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests in the State comprising approximately 792 acres, as generally depicted on the map entitled ``Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area'' and dated September 6, 2018, is designated as the ``Liberty Bell East Special Management Area''. (b) Purpose.--The purpose of the Special Management Areas is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Areas. (c) Management.-- (1) In general.--The Secretary shall manage the Special Management Areas in a manner that-- (A) conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b); (B) subject to paragraph (3), maintains or improves the wilderness character of the Special Management Areas and the suitability of the Special Management Areas for potential inclusion in the National Wilderness Preservation System; and (C) is in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this title; and (iii) any other applicable laws. (2) Prohibitions.--The following shall be prohibited in the Special Management Areas: (A) Permanent roads. (B) Except as necessary to meet the minimum requirements for the administration of the Federal land, to provide access for abandoned mine cleanup, and to protect public health and safety-- (i) the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph (3)); and (ii) the establishment of temporary roads. (3) Authorized activities.-- (A) In general.--The Secretary may allow any activities (including helicopter access for recreation and maintenance and the competitive running event permitted since 1992) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Areas, subject to such terms and conditions as the Secretary may require. (B) Permitting.--The designation of the Special Management Areas by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act. (C) Bicycles.--The Secretary may permit the use of bicycles in-- (i) the portion of the Sheep Mountain Special Management Area identified as ``Ophir Valley Area'' on the map entitled ``Proposed Sheep Mountain Special Management Area'' and dated September 19, 2018; and (ii) the portion of the Liberty Bell East Special Management Area identified as ``Liberty Bell Corridor'' on the map entitled ``Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area'' and dated September 6, 2018. (d) Applicable Law.--Water and water rights in the Special Management Areas shall be administered in accordance with section 8 of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762), except that, for purposes of this title-- (1) any reference contained in that section to ``the lands designated as wilderness by this Act'', ``the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act'', or ``the areas described in sections 2, 5, 6, and 9 of this Act'' shall be considered to be a reference to ``the Special Management Areas''; and (2) any reference contained in that section to ``this Act'' shall be considered to be a reference to ``the Colorado Outdoor Recreation and Economy Act''. SEC. 204. RELEASE OF WILDERNESS STUDY AREAS. (a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II of Public Law 111-11 is amended-- (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as section 2409; and (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) the following: ``SEC. 2408. RELEASE. ``(a) In General.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation. ``(b) Release.--Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle-- ``(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and ``(2) shall be managed in accordance with this subtitle and any other applicable laws.''. (b) McKenna Peak Wilderness Study Area.-- (1) In general.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak Wilderness Study Area in San Miguel County in the State not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) have been adequately studied for wilderness designation. (2) Release.--Any public land referred to in paragraph (1) that is not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202)-- (A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (B) shall be managed in accordance with applicable laws. SEC. 205. ADMINISTRATIVE PROVISIONS. (a) Fish and Wildlife.--Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (b) No Buffer Zones.-- (1) In general.--Nothing in this title establishes a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the activity or use outside the boundary of the covered land. (c) Tribal Rights and Uses.-- (1) Treaty rights.--Nothing in this title affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136). (2) Traditional tribal uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. (d) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) and the Special Management Areas with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary or the Secretary of the Interior, as appropriate, may correct any typographical errors in the maps and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service. (e) Acquisition of Land.-- (1) In general.--The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of a Special Management Area or the wilderness designated under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located. (f) Grazing.--The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary with jurisdiction over the covered land, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the applicable guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th Congress (H. Rept. 96-617). (g) Fire, Insects, and Diseases.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary with jurisdiction over a wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) may carry out any activity in the wilderness area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. (h) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,590 acres generally depicted on the map entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated September 6, 2018, is withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. TITLE III--THOMPSON DIVIDE SEC. 301. PURPOSES. The purposes of this title are-- (1) subject to valid existing rights, to withdraw certain Federal land in the Thompson Divide area from mineral and other disposal laws in order to protect the agricultural, ranching, wildlife, air quality, recreation, ecological, and scenic values of the area; and (2) to promote the capture of fugitive methane emissions that would otherwise be emitted into the atmosphere-- (A) to reduce methane gas emissions; and (B) to provide-- (i) new renewable electricity supplies and other beneficial uses of fugitive methane emissions; and (ii) increased royalties for taxpayers. SEC. 302. DEFINITIONS. In this title: (1) Fugitive methane emissions.--The term ``fugitive methane emissions'' means methane gas from the Federal land in Garfield, Gunnison, Delta, or Pitkin County in the State, as generally depicted on the pilot program map as ``Fugitive Coal Mine Methane Use Pilot Program Area'', that would leak or be vented into the atmosphere from an active, inactive, or abandoned underground coal mine. (2) Pilot program.--The term ``pilot program'' means the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program established by section 305(a)(1). (3) Pilot program map.--The term ``pilot program map'' means the map entitled ``Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program Area'' and dated June 17, 2019. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Thompson divide lease.-- (A) In general.--The term ``Thompson Divide lease'' means any oil or gas lease in effect on the date of enactment of this Act within the Thompson Divide Withdrawal and Protection Area. (B) Exclusions.--The term ``Thompson Divide lease'' does not include any oil or gas lease that-- (i) is associated with a Wolf Creek Storage Field development right; or (ii) before the date of enactment of this Act, has expired, been cancelled, or otherwise terminated. (6) Thompson divide map.--The term ``Thompson Divide map'' means the map entitled ``Greater Thompson Divide Area Map'' and dated June 13, 2019. (7) Thompson divide withdrawal and protection area.--The term ``Thompson Divide Withdrawal and Protection Area'' means the Federal land and minerals generally depicted on the Thompson Divide map as the ``Thompson Divide Withdrawal and Protection Area''. (8) Wolf creek storage field development right.-- (A) In general.--The term ``Wolf Creek Storage Field development right'' means a development right for any of the Federal mineral leases numbered COC 007496, COC 007497, COC 007498, COC 007499, COC 007500, COC 007538, COC 008128, COC 015373, COC 0128018, COC 051645, and COC 051646, as generally depicted on the Thompson Divide map as ``Wolf Creek Storage Agreement''. (B) Exclusions.--The term ``Wolf Creek Storage Field development right'' does not include any storage right or related activity within the area described in subparagraph (A). SEC. 303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. (a) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Thompson Divide Withdrawal and Protection Area is withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Surveys.--The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture. (c) Grazing.--Nothing in this Act affects the administration of grazing in the Thompson Divide Withdrawal and Protection Area. SEC. 304. THOMPSON DIVIDE LEASE EXCHANGE. (a) In General.--In exchange for the relinquishment by a leaseholder of all Thompson Divide leases of the leaseholder, the Secretary may issue to the leaseholder credits for any bid, royalty, or rental payment due under any Federal oil or gas lease on Federal land in the State, in accordance with subsection (b). (b) Amount of Credits.-- (1) In general.--Subject to paragraph (2), the amount of the credits issued to a leaseholder of a Thompson Divide lease relinquished under subsection (a) shall-- (A) be equal to the sum of-- (i) the amount of the bonus bids paid for the applicable Thompson Divide leases; (ii) the amount of any rental paid for the applicable Thompson Divide leases as of the date on which the leaseholder submits to the Secretary a notice of the decision to relinquish the applicable Thompson Divide leases; and (iii) the amount of any expenses incurred by the leaseholder of the applicable Thompson Divide leases in the preparation of any drilling permit, sundry notice, or other related submission in support of the development of the applicable Thompson Divide leases as of January 28, 2019, including any expenses relating to the preparation of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) require the approval of the Secretary. (2) Exclusion.--The amount of a credit issued under subsection (a) shall not include any expenses paid by the leaseholder of a Thompson Divide lease for legal fees or related expenses for legal work with respect to a Thompson Divide lease. (c) Cancellation.--Effective on relinquishment under this section, and without any additional action by the Secretary, a Thompson Divide lease-- (1) shall be permanently cancelled; and (2) shall not be reissued. (d) Conditions.-- (1) Applicable law.--Except as otherwise provided in this section, each exchange under this section shall be conducted in accordance with-- (A) this Act; and (B) other applicable laws (including regulations). (2) Acceptance of credits.--The Secretary shall accept credits issued under subsection (a) in the same manner as cash for the payments described in that subsection. (3) Applicability.--The use of a credit issued under subsection (a) shall be subject to the laws (including regulations) applicable to the payments described in that subsection, to the extent that the laws are consistent with this section. (4) Treatment of credits.--All amounts in the form of credits issued under subsection (a) accepted by the Secretary shall be considered to be amounts received for the purposes of-- (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); and (B) section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019). (e) Wolf Creek Storage Field Development Rights.-- (1) Conveyance to secretary.--As a condition precedent to the relinquishment of a Thompson Divide lease, any leaseholder with a Wolf Creek Storage Field development right shall permanently relinquish, transfer, and otherwise convey to the Secretary, in a form acceptable to the Secretary, all Wolf Creek Storage Field development rights of the leaseholder. (2) Limitation of transfer.--An interest acquired by the Secretary under paragraph (1)-- (A) shall be held in perpetuity; and (B) shall not be-- (i) transferred; (ii) reissued; or (iii) otherwise used for mineral extraction. SEC. 305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT PROGRAM. (a) Fugitive Coal Mine Methane Use Pilot Program.-- (1) Establishment.--There is established in the Bureau of Land Management a pilot program, to be known as the ``Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''. (2) Purpose.--The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions-- (A) to reduce methane emissions; (B) to promote economic development; (C) to produce bid and royalty revenues; (D) to improve air quality; and (E) to improve public safety. (3) Plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan-- (i) to complete an inventory of fugitive methane emissions in accordance with subsection (b); (ii) to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and (iii) to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d). (B) Coordination.--In developing the plan under this paragraph, the Secretary shall coordinate with-- (i) the State; (ii) Garfield, Gunnison, Delta, and Pitkin Counties in the State; (iii) lessees of Federal coal within the counties referred to in clause (ii); (iv) interested institutions of higher education in the State; and (v) interested members of the public. (b) Fugitive Methane Emission Inventory.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete an inventory of fugitive methane emissions. (2) Conduct.--The Secretary may conduct the inventory under paragraph (1) through, or in collaboration with-- (A) the Bureau of Land Management; (B) the United States Geological Survey; (C) the Environmental Protection Agency; (D) the United States Forest Service; (E) State departments or agencies; (F) Garfield, Gunnison, Delta, or Pitkin County in the State; (G) the Garfield County Federal Mineral Lease District; (H) institutions of higher education in the State; (I) lessees of Federal coal within a county referred to in subparagraph (F); (J) the National Oceanic and Atmospheric Administration; (K) the National Center for Atmospheric Research; or (L) other interested entities, including members of the public. (3) Contents.--The inventory under paragraph (1) shall include-- (A) the general location and geographic coordinates of each vent, seep, or other source producing significant fugitive methane emissions; (B) an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions, including details of measurements taken and the basis for that emissions estimate; (C) an estimate of the total volume of fugitive methane emissions each year; (D) relevant data and other information available from-- (i) the Environmental Protection Agency; (ii) the Mine Safety and Health Administration; (iii) the Colorado Department of Natural Resources; (iv) the Colorado Public Utility Commission; (v) the Colorado Department of Health and Environment; and (vi) the Office of Surface Mining Reclamation and Enforcement; and (E) such other information as may be useful in advancing the purposes of the pilot program. (4) Public participation; disclosure.-- (A) Public participation.--The Secretary shall provide opportunities for public participation in the inventory under this subsection. (B) Availability.--The Secretary shall make the inventory under this subsection publicly available. (C) Disclosure.--Nothing in this subsection requires the Secretary to publicly release information that-- (i) poses a threat to public safety; (ii) is confidential business information; or (iii) is otherwise protected from public disclosure. (5) Use.--The Secretary shall use the inventory in carrying out-- (A) the leasing program under subsection (c); and (B) the capping or destruction of fugitive methane emissions under subsection (d). (c) Fugitive Methane Emission Leasing Program.-- (1) In general.--Subject to valid existing rights and in accordance with this section, not later than 1 year after the date of completion of the inventory required under subsection (b), the Secretary shall carry out a program to encourage the use and destruction of fugitive methane emissions. (2) Fugitive methane emissions from coal mines subject to lease.-- (A) In general.--The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use, or destroy by flaring, the fugitive methane emissions. (B) Conditions.--The authority under subparagraph (A) shall be subject to-- (i) valid existing rights; and (ii) such terms and conditions as the Secretary may require. (C) Limitations.--The program carried out under paragraph (1) shall only include fugitive methane emissions that can be captured for use, or destroyed by flaring, in a manner that does not-- (i) endanger the safety of any coal mine worker; or (ii) unreasonably interfere with any ongoing operation at a coal mine. (D) Cooperation.-- (i) In general.--The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage-- (I) the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; or (II) if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions by flaring. (ii) Guidance.--In furtherance of the purposes of this paragraph, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of Federal authorities and programs to encourage the capture for use, or destruction by flaring, of fugitive methane emissions, while minimizing impacts on natural resources or other public interest values. (E) Royalties.--The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law. (3) Fugitive methane emissions from abandoned coal mines.-- (A) In general.--Except as otherwise provided in this section, notwithstanding section 303, subject to valid existing rights, and in accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, the Secretary shall-- (i) authorize the capture for use, or destruction by flaring, of fugitive methane emissions from abandoned coal mines on Federal land; and (ii) make available for leasing such fugitive methane emissions from abandoned coal mines on Federal land as the Secretary considers to be in the public interest. (B) Source.--To the maximum extent practicable, the Secretary shall offer for lease each significant vent, seep, or other source of fugitive methane emissions from abandoned coal mines. (C) Bid qualifications.--A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends-- (i) to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; (ii) to destroy the fugitive methane emissions by flaring; or (iii) to employ a specific combination of-- (I) capturing the fugitive methane emissions for beneficial use; and (II) destroying the fugitive methane emission by flaring. (D) Priority.-- (i) In general.--If there is more than 1 qualified bid for a lease under this paragraph, the Secretary shall select the bid that the Secretary determines is likely to most significantly advance the public interest. (ii) Considerations.--In determining the public interest under clause (i), the Secretary shall take into consideration-- (I) the size of the overall decrease in the time-integrated radiative forcing of the fugitive methane emissions; (II) the impacts to other natural resource values, including wildlife, water, and air; and (III) other public interest values, including scenic, economic, recreation, and cultural values. (E) Lease form.-- (i) In general.--The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph. (ii) Due diligence.--The lease form developed under clause (i) shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or flared by not later than 1 year after the date of issuance of the lease. (F) Royalty rate.--The Secretary shall develop a minimum bid and royalty rate for leases under this paragraph to advance the purposes of this section, to the maximum extent practicable. (d) Sequestration.--If, by not later than 4 years after the date of enactment of this Act, any significant fugitive methane emissions from abandoned coal mines on Federal land are not leased under subsection (c)(3), the Secretary shall, in accordance with applicable law, take all reasonable measures-- (1) to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or (2) if sequestration under paragraph (1) is not feasible, destroy the fugitive methane emissions by flaring. (e) Report to Congress.--Not later than 4 years after the date of enactment of this Act the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report detailing-- (1) the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and (2) any recommendations of the Secretary on whether the pilot program could be expanded geographically to include other significant sources of fugitive methane emissions from coal mines. SEC. 306. EFFECT. Except as expressly provided in this title, nothing in this title-- (1) expands, diminishes, or impairs any valid existing mineral leases, mineral interest, or other property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, interests, rights, or land in accordance with applicable Federal, State, and local laws (including regulations); (2) prevents the capture of methane from any active, inactive, or abandoned coal mine covered by this title, in accordance with applicable laws; or (3) prevents access to, or the development of, any new or existing coal mine or lease in Delta or Gunnison County in the State. TITLE IV--CURECANTI NATIONAL RECREATION AREA SEC. 401. DEFINITIONS. In this title: (1) Map.--The term ``map'' means the map entitled ``Curecanti National Recreation Area, Proposed Boundary'', numbered 616/100,485C, and dated August 11, 2016. (2) National recreation area.--The term ``National Recreation Area'' means the Curecanti National Recreation Area established by section 402(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 402. CURECANTI NATIONAL RECREATION AREA. (a) Establishment.--Effective beginning on the earlier of the date on which the Secretary approves a request under subsection (c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Curecanti National Recreation Area, in accordance with this Act, consisting of approximately 50,667 acres of land in the State, as generally depicted on the map as ``Curecanti National Recreation Area Proposed Boundary''. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Administration.-- (1) In general.--The Secretary shall administer the National Recreation Area in accordance with-- (A) this title; and (B) the laws (including regulations) generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code. (2) Dam, power plant, and reservoir management and operations.-- (A) In general.--Nothing in this title affects or interferes with the authority of the Secretary-- (i) to operate the Uncompahgre Valley Reclamation Project under the reclamation laws; (ii) to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project under the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.); or (iii) under the Federal Water Project Recreation Act (16 U.S.C. 460l-12 et seq.). (B) Reclamation land.-- (i) Submission of request to retain administrative jurisdiction.--If, before the date that is 1 year after the date of enactment of this Act, the Commissioner of Reclamation submits to the Secretary a request for the Commissioner of Reclamation to retain administrative jurisdiction over the minimum quantity of land within the land identified on the map as ``Lands withdrawn or acquired for Bureau of Reclamation projects'' that the Commissioner of Reclamation identifies as necessary for the effective operation of Bureau of Reclamation water facilities, the Secretary may-- (I) approve, approve with modifications, or disapprove the request; and (II) if the request is approved under subclause (I), make any modifications to the map that are necessary to reflect that the Commissioner of Reclamation retains management authority over the minimum quantity of land required to fulfill the reclamation mission. (ii) Transfer of land.-- (I) In general.--Administrative jurisdiction over the land identified on the map as ``Lands withdrawn or acquired for Bureau of Reclamation projects'', as modified pursuant to clause (i)(II), if applicable, shall be transferred from the Commissioner of Reclamation to the Director of the National Park Service by not later than the date that is 1 year after the date of enactment of this Act. (II) Access to transferred land.-- (aa) In general.--Subject to item (bb), the Commissioner of Reclamation shall retain access to the land transferred to the Director of the National Park Service under subclause (I) for reclamation purposes, including for the operation, maintenance, and expansion or replacement of facilities. (bb) Memorandum of understanding.--The terms of the access authorized under item (aa) shall be determined by a memorandum of understanding entered into between the Commissioner of Reclamation and the Director of the National Park Service not later than 1 year after the date of enactment of this Act. (3) Management agreements.-- (A) In general.--The Secretary may enter into management agreements, or modify management agreements in existence on the date of enactment of this Act, relating to the authority of the Director of the National Park Service, the Commissioner of Reclamation, the Director of the Bureau of Land Management, or the Chief of the Forest Service to manage Federal land within or adjacent to the boundary of the National Recreation Area. (B) State land.--The Secretary may enter into cooperative management agreements for any land administered by the State that is within or adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code. (4) Recreational activities.-- (A) Authorization.--Except as provided in subparagraph (B), the Secretary shall allow boating, boating-related activities, hunting, and fishing in the National Recreation Area in accordance with applicable Federal and State laws. (B) Closures; designated zones.-- (i) In general.--The Secretary, acting through the Superintendent of the National Recreation Area, may designate zones in which, and establish periods during which, no boating, hunting, or fishing shall be permitted in the National Recreation Area under subparagraph (A) for reasons of public safety, administration, or compliance with applicable laws. (ii) Consultation required.--Except in the case of an emergency, any closure proposed by the Secretary under clause (i) shall not take effect until after the date on which the Superintendent of the National Recreation Area consults with-- (I) the appropriate State agency responsible for hunting and fishing activities; and (II) the Board of County Commissioners in each county in which the zone is proposed to be designated. (5) Landowner assistance.--On the written request of an individual that owns private land located not more than 3 miles from the boundary of the National Recreation Area, the Secretary may work in partnership with the individual to enhance the long-term conservation of natural, cultural, recreational, and scenic resources in and around the National Recreation Area-- (A) by acquiring all or a portion of the private land or interests in private land located not more than 3 miles from the boundary of the National Recreation Area by purchase, exchange, or donation, in accordance with section 403; (B) by providing technical assistance to the individual, including cooperative assistance; (C) through available grant programs; and (D) by supporting conservation easement opportunities. (6) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land within the National Recreation Area is withdrawn from-- (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (7) Grazing.-- (A) State land subject to a state grazing lease.-- (i) In general.--If State land acquired under this title is subject to a State grazing lease in effect on the date of acquisition, the Secretary shall allow the grazing to continue for the remainder of the term of the lease, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (ii) Access.--A lessee of State land may continue to use established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require. (B) State and private land.--The Secretary may, in accordance with applicable laws, authorize grazing on land acquired from the State or private landowners under section 403, if grazing was established before the date of acquisition. (C) Private land.--On private land acquired under section 403 for the National Recreation Area on which authorized grazing is occurring before the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation and renewal of grazing on the land based on the terms of acquisition or by agreement between the Secretary and the lessee, subject to applicable law (including regulations). (D) Federal land.--The Secretary shall-- (i) allow, consistent with the grazing leases, uses, and practices in effect as of the date of enactment of this Act, the continuation and renewal of grazing on Federal land located within the boundary of the National Recreation Area on which grazing is allowed before the date of enactment of this Act, unless the Secretary determines that grazing on the Federal land would present unacceptable impacts (as defined in section 1.4.7.1 of the National Park Service document entitled ``Management Policies 2006: The Guide to Managing the National Park System'') to the natural, cultural, recreational, and scenic resource values and the character of the land within the National Recreation Area; and (ii) retain all authorities to manage grazing in the National Recreation Area. (E) Termination of leases.--Within the National Recreation Area, the Secretary may-- (i) accept the voluntary termination of a lease or permit for grazing; or (ii) in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit. (8) Water rights.--Nothing in this title-- (A) affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water; (B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (C) affects any interstate water compact in existence on the date of enactment of this Act; (D) shall be considered to be a relinquishment or reduction of any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act; or (E) constitutes an express or implied Federal reservation of any water or water rights with respect to the National Recreation Area. (9) Fishing easements.-- (A) In general.--Nothing in this title diminishes or alters the fish and wildlife program for the Aspinall Unit developed under section 8 of the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'') (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the United States Fish and Wildlife Service, the Bureau of Reclamation, and the Colorado Division of Wildlife (including any successor in interest to that division) that provides for the acquisition of public access fishing easements as mitigation for the Aspinall Unit (referred to in this paragraph as the ``program''). (B) Acquisition of fishing easements.--The Secretary shall continue to fulfill the obligation of the Secretary under the program to acquire 26 miles of class 1 public fishing easements to provide to sportsmen access for fishing within the Upper Gunnison Basin upstream of the Aspinall Unit, subject to the condition that no existing fishing access downstream of the Aspinall Unit shall be counted toward the minimum mileage requirement under the program. (C) Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B) by the date that is 10 years after the date of enactment of this Act. (D) Reports.--Not later than each of 2 years, 5 years, and 8 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the progress made in fulfilling the obligation of the Secretary described in subparagraph (B). (d) Tribal Rights and Uses.-- (1) Treaty rights.--Nothing in this title affects the treaty rights of any Indian Tribe. (2) Traditional tribal uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the National Recreation Area by members of Indian Tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. SEC. 403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT. (a) Acquisition.-- (1) In general.--The Secretary may acquire any land or interest in land within the boundary of the National Recreation Area. (2) Manner of acquisition.-- (A) In general.--Subject to subparagraph (B), land described in paragraph (1) may be acquired under this subsection by-- (i) donation; (ii) purchase from willing sellers with donated or appropriated funds; (iii) transfer from another Federal agency; or (iv) exchange. (B) State land.--Land or interests in land owned by the State or a political subdivision of the State may only be acquired by purchase, donation, or exchange. (b) Transfer of Administrative Jurisdiction.-- (1) Forest service land.-- (A) In general.--Administrative jurisdiction over the approximately 2,560 acres of land identified on the map as ``U.S. Forest Service proposed transfer to the National Park Service'' is transferred to the Secretary, to be administered by the Director of the National Park Service as part of the National Recreation Area. (B) Boundary adjustment.--The boundary of the Gunnison National Forest shall be adjusted to exclude the land transferred to the Secretary under subparagraph (A). (2) Bureau of land management land.--Administrative jurisdiction over the approximately 5,040 acres of land identified on the map as ``Bureau of Land Management proposed transfer to National Park Service'' is transferred from the Director of the Bureau of Land Management to the Director of the National Park Service, to be administered as part of the National Recreation Area. (3) Withdrawal.--Administrative jurisdiction over the land identified on the map as ``Proposed for transfer to the Bureau of Land Management, subject to the revocation of Bureau of Reclamation withdrawal'' shall be transferred to the Director of the Bureau of Land Management on relinquishment of the land by the Bureau of Reclamation and revocation by the Bureau of Land Management of any withdrawal as may be necessary. (c) Potential Land Exchange.-- (1) In general.--The withdrawal for reclamation purposes of the land identified on the map as ``Potential exchange lands'' shall be relinquished by the Commissioner of Reclamation and revoked by the Director of the Bureau of Land Management and the land shall be transferred to the National Park Service. (2) Exchange; inclusion in national recreation area.--On transfer of the land described in paragraph (1), the transferred land-- (A) may be exchanged by the Secretary for private land described in section 402(c)(5)-- (i) subject to a conservation easement remaining on the transferred land, to protect the scenic resources of the transferred land; and (ii) in accordance with the laws (including regulations) and policies governing National Park Service land exchanges; and (B) if not exchanged under subparagraph (A), shall be added to, and managed as a part of, the National Recreation Area. (d) Addition to National Recreation Area.--Any land within the boundary of the National Recreation Area that is acquired by the United States shall be added to, and managed as a part of, the National Recreation Area. SEC. 404. GENERAL MANAGEMENT PLAN. Not later than 3 years after the date on which funds are made available to carry out this title, the Director of the National Park Service, in consultation with the Commissioner of Reclamation, shall prepare a general management plan for the National Recreation Area in accordance with section 100502 of title 54, United States Code. SEC. 405. BOUNDARY SURVEY. The Secretary (acting through the Director of the National Park Service) shall prepare a boundary survey and legal description of the National Recreation Area. <all>

Colorado Outdoor Recreation and Economy Act

A bill to provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, and for other purposes.

Colorado Outdoor Recreation and Economy Act

Sen. Bennet, Michael F.

D

CO

This bill provides for the conservation of specified lands in Colorado. Specifically, the bill designates The bill adjusts the boundary of the White River National Forest and the Rocky Mountain National Park Potential Wilderness. The bill provides for the inclusion of additional federal lands in the National Wilderness Preservation System. The bill provides for the cancellation of all Thompson Divide oil or gas leases. The bill establishes the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions to reduce methane emissions, improve air quality, and improve public safety, among other things.

1. Colorado Wilderness additions. Williams Fork Mountains Wildlife Conservation Area. Camp Hale National Historic Landscape. Special management areas. Administrative provisions. Purposes. Thompson Divide lease exchange. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program. Effect. Definitions. General management plan. Sec. (b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activity in a covered area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. 103. ); and (2) this section. (a) Designation.--Subject to valid existing rights, the approximately 17,122 acres of Federal land in the White River National Forest in the State, as generally depicted as ``Proposed Tenmile Recreation Management Area'' on the map entitled ``Tenmile Proposal'' and dated June 24, 2019, are designated as the ``Tenmile Recreation Management Area''. (C) Motorized vehicles and mechanized transport; new or temporary roads.-- (i) Motorized vehicles and mechanized transport.--Except as provided in clause (iii), the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. 1600 et seq. ); (ii) this title; and (iii) any other applicable laws. (3) Plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan-- (i) to complete an inventory of fugitive methane emissions in accordance with subsection (b); (ii) to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and (iii) to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d). (8) Water rights.--Nothing in this title-- (A) affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water; (B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (C) affects any interstate water compact in existence on the date of enactment of this Act; (D) shall be considered to be a relinquishment or reduction of any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act; or (E) constitutes an express or implied Federal reservation of any water or water rights with respect to the National Recreation Area. (d) Addition to National Recreation Area.--Any land within the boundary of the National Recreation Area that is acquired by the United States shall be added to, and managed as a part of, the National Recreation Area.

H.R.4234

Congress

National Statuary Hall Collection Policy Act This bill establishes an additional requirement for the replacement of a statue in National Statuary Hall. Currently, a state's request to replace a statue it has provided for display shall only be considered if (1) the request has been approved by the legislature and the governor of the state, and (2) the statue to be replaced has been displayed in the U.S. Capitol for at least 10 years as of the time the request is made. The bill adds the requirement that at least two-thirds of the Members of Congress who represent a requesting state approve any request to replace a statue in National Statuary Hall.

To prohibit the removal of a statue provided by a State for display in National Statuary Hall unless two-thirds of the members of the State's congressional delegation approve the removal, and for other purposes. Be it enacted by the Senate 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 Statuary Hall Collection Policy Act''. SEC. 2. PROHIBITING REMOVAL OF STATUES PROVIDED BY STATES FOR DISPLAY IN NATIONAL STATUARY HALL WITHOUT APPROVAL OF CONGRESSIONAL DELEGATION OF STATE. Section 311(a)(2) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) the request has been approved by not fewer than \2/3\ of the Members of the House of Representatives and Senators who represent the State.''. <all>

National Statuary Hall Collection Policy Act

To prohibit the removal of a statue provided by a State for display in National Statuary Hall unless two-thirds of the members of the State's congressional delegation approve the removal, and for other purposes.

National Statuary Hall Collection Policy Act

Rep. Norman, Ralph

R

SC

This bill establishes an additional requirement for the replacement of a statue in National Statuary Hall. Currently, a state's request to replace a statue it has provided for display shall only be considered if (1) the request has been approved by the legislature and the governor of the state, and (2) the statue to be replaced has been displayed in the U.S. Capitol for at least 10 years as of the time the request is made. The bill adds the requirement that at least two-thirds of the Members of Congress who represent a requesting state approve any request to replace a statue in National Statuary Hall.

To prohibit the removal of a statue provided by a State for display in National Statuary Hall unless two-thirds of the members of the State's congressional delegation approve the removal, and for other purposes. Be it enacted by the Senate 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 Statuary Hall Collection Policy Act''. SEC. 2. PROHIBITING REMOVAL OF STATUES PROVIDED BY STATES FOR DISPLAY IN NATIONAL STATUARY HALL WITHOUT APPROVAL OF CONGRESSIONAL DELEGATION OF STATE. Section 311(a)(2) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) the request has been approved by not fewer than \2/3\ of the Members of the House of Representatives and Senators who represent the State.''. <all>

S.4016

Economics and Public Finance

Responsible Budget Targets Act of 2022 This bill modifies the federal budget process to establish new spending caps that are adjusted annually based on factors such as the amount of revenue and the growth of the gross domestic product.

To amend the Congressional Budget Act of 1974 to set responsible budget targets. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Budget Targets Act of 2022''. SEC. 2. ESTABLISHING RESPONSIBLE BUDGET TARGETS. (a) In General.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ESTABLISHING RESPONSIBLE BUDGET TARGETS ``SEC. 441. DEFINITIONS. ``In this part: ``(1) Primary balance factor.-- ``(A) In general.--The term `primary balance factor'-- ``(i) with respect to the first fiscal year that begins not less than 180 days after the date of enactment of this part, means 0.0 percentage point; and ``(ii) except as provided in subparagraphs (B) and (C), with respect to each fiscal year after the fiscal year described in clause (i), means the sum obtained by adding-- ``(I) the primary balance factor for the previous fiscal year; and ``(II)(aa) if primary budget authority exceeded revenue for the fiscal year before the previous fiscal year, 0.2 percentage point; and ``(bb) if revenue exceeded primary budget authority for the fiscal year before the previous fiscal year, -0.2 percentage point. ``(B) Special rule for first year after primary balance.-- ``(i) In general.--For the first fiscal year that begins after the date of a determination that, for a fiscal year beginning after the date of enactment of this part, revenue exceeded primary budget authority, the term `primary balance factor' means 0.0 percentage point. ``(ii) Subsequent adjustment.--After the first fiscal year described in clause (i), the primary balance factor shall be adjusted in accordance with subparagraph (A)(ii). ``(C) Limit of zero.--The primary balance factor for a fiscal year may not be less than 0.0 percentage point. ``(2) Primary budget authority.--The term `primary budget authority' means all budget authority except for net interest on the debt. ``(3) Spending ceiling.--The term `spending ceiling', with respect to a fiscal year, means the maximum amount of primary budget authority for the fiscal year, as determined under section 442. ``(4) Spending growth factor.--The term `spending growth factor', with respect to a fiscal year, means the difference obtained by subtracting-- ``(A) the primary balance factor for the fiscal year; from ``(B) the average annual percentage growth in the gross domestic product of the United States during the 5-fiscal-year period before the beginning of the fiscal year before such fiscal year. ``SEC. 442. ESTABLISHMENT OF A SPENDING CEILING. ``(a) In General.--The maximum amount of primary budget authority for a fiscal year shall be the amount of primary budget authority for the previous fiscal year as-- ``(1) increased by the spending growth factor; and ``(2) modified by any adjustments under section 444 or 445. ``(b) Exclusion of Adjustments From Baseline.--In determining the maximum amount of primary budget authority for a fiscal year, the amount of primary budget authority for the previous fiscal year shall not include any adjustment under paragraph (1) or (3) of section 444 or under section 445(c). ``(c) Determination.-- ``(1) For congressional purposes.--The Director of the Congressional Budget Office shall-- ``(A) include in each report under section 202(e)(1) and revision of such a report an estimate of the amount of the spending ceiling (including factors necessary to produce the estimate) and any adjustments under section 444 for the fiscal year commencing on October 1 of the year during which the Director submits the report; and ``(B) provide to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives updates to the estimate of the spending ceiling and adjustments, as appropriate. ``(2) For executive branch purposes.--The President shall-- ``(A) include in each budget of the President submitted under section 1105 of title 31, United States Code, an estimate by the Office of Management and Budget of the amount of the spending ceiling and any adjustments under section 444 for the fiscal year commencing on October 1 of the year during which the President submits the budget; and ``(B) obtain from the Office of Management and Budget updates to the estimate of the spending ceiling and adjustments, as appropriate. ``SEC. 443. USE OF CEILING. ``(a) By Congress.--When considering legislation, the Senate and the House of Representatives shall adhere to the spending ceiling, as determined by the Director of the Congressional Budget Office under section 442(c)(1) (including any adjustments under section 444 or 445(c)). ``(b) By Executive Branch.--When considering proposals with fiscal implications, the President shall adhere to the spending ceiling, as determined by the Director of the Office of Management and Budget under section 442(c)(2) (including any adjustments under sections 444 or 445(c)). ``SEC. 444. ADJUSTING THE SPENDING CEILING. ``When adopting a concurrent resolution on the budget (including a concurrent resolution on the budget described in section 304), Congress may adjust the spending ceiling as determined under section 442(c)(1), and when enacting a supplemental appropriations Act, Congress may adjust the spending ceiling as determined under section 442(c)(2), commensurate with-- ``(1) appropriations for an emergency, as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)); ``(2) a revision in the estimate of the gross domestic product of the United States for any year to which section 441(4)(B) applies; ``(3) cyclical variations due to the difference between the actual and potential amount of the gross domestic product of the United States; ``(4) timing shifts of expenditures or revenues due; or ``(5) enacted laws that result in a change in revenue. ``SEC. 445. EMERGENCY ACCOUNT ADJUSTMENTS. ``(a) Establishment of Emergency Account.--The Director of the Congressional Budget Office and the Director of the Office of Management and Budget shall each maintain an emergency account. ``(b) Computation.-- ``(1) In general.--The amount of the emergency account shall be-- ``(A) increased by the amount of the adjustment made under section 444(1); and ``(B) decreased by the difference obtained by subtracting the amount of primary budget authority provided for a fiscal year from the adjusted spending ceiling (excluding any adjustment under section 444(1), and including the effect of adjustments under section 445(c)) for that fiscal year. ``(2) Limit of zero.--The amount of the emergency account may not be less than $0. ``(c) Adjustment.-- ``(1) In general.--If the amount of the emergency account on the last day of a fiscal year has increased, as compared to the last day of the fiscal year before such fiscal year, the amount of the spending ceiling for the second fiscal year after such fiscal year and each of the ensuing 5 fiscal years shall be reduced by the amount equal to one-sixth of the amount of the increase in the emergency account. ``(2) Modification of adjustment.-- ``(A) For congressional purposes.--When adopting a concurrent resolution on the budget (including a concurrent resolution on the budget described in section 304), Congress may, for purposes of applying the spending ceiling in the Senate and the House of Representatives-- ``(i) reduce the amount of the spending ceiling by the amount of the emergency account over a period shorter than 6 fiscal years; or ``(ii) in the case of an ongoing emergency, reduce the amount of the spending ceiling by the amount of the emergency account over a period longer than 6 fiscal years. ``(B) For executive branch purposes.--When enacting a supplemental appropriations Act, Congress may, for purposes of applying the spending ceiling in the executive branch-- ``(i) reduce the amount of the spending ceiling by the amount of the emergency account over a period shorter than 6 fiscal years; or ``(ii) in the case of an ongoing emergency, reduce the amount of the spending ceiling by the amount of the emergency account over a period longer than 6 fiscal years.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 428 the following: ``PART C--Establishing Responsible Budget Targets ``Sec. 441. Definitions. ``Sec. 442. Establishment of a spending ceiling. ``Sec. 443. Use of ceiling. ``Sec. 444. Adjusting the spending ceiling. ``Sec. 445. Emergency account adjustments.''. <all>

Responsible Budget Targets Act of 2022

A bill to amend the Congressional Budget Act of 1974 to set responsible budget targets.

Responsible Budget Targets Act of 2022

Sen. Braun, Mike

R

IN

This bill modifies the federal budget process to establish new spending caps that are adjusted annually based on factors such as the amount of revenue and the growth of the gross domestic product.

To amend the Congressional Budget Act of 1974 to set responsible budget targets. 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. 651 et seq.) is amended by adding at the end the following: ``PART C--ESTABLISHING RESPONSIBLE BUDGET TARGETS ``SEC. DEFINITIONS. ``(B) Special rule for first year after primary balance.-- ``(i) In general.--For the first fiscal year that begins after the date of a determination that, for a fiscal year beginning after the date of enactment of this part, revenue exceeded primary budget authority, the term `primary balance factor' means 0.0 percentage point. ``(C) Limit of zero.--The primary balance factor for a fiscal year may not be less than 0.0 percentage point. ``(3) Spending ceiling.--The term `spending ceiling', with respect to a fiscal year, means the maximum amount of primary budget authority for the fiscal year, as determined under section 442. USE OF CEILING. ADJUSTING THE SPENDING CEILING. ``When adopting a concurrent resolution on the budget (including a concurrent resolution on the budget described in section 304), Congress may adjust the spending ceiling as determined under section 442(c)(1), and when enacting a supplemental appropriations Act, Congress may adjust the spending ceiling as determined under section 442(c)(2), commensurate with-- ``(1) appropriations for an emergency, as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)); ``(2) a revision in the estimate of the gross domestic product of the United States for any year to which section 441(4)(B) applies; ``(3) cyclical variations due to the difference between the actual and potential amount of the gross domestic product of the United States; ``(4) timing shifts of expenditures or revenues due; or ``(5) enacted laws that result in a change in revenue. EMERGENCY ACCOUNT ADJUSTMENTS. ``(a) Establishment of Emergency Account.--The Director of the Congressional Budget Office and the Director of the Office of Management and Budget shall each maintain an emergency account. ``(B) For executive branch purposes.--When enacting a supplemental appropriations Act, Congress may, for purposes of applying the spending ceiling in the executive branch-- ``(i) reduce the amount of the spending ceiling by the amount of the emergency account over a period shorter than 6 fiscal years; or ``(ii) in the case of an ongoing emergency, reduce the amount of the spending ceiling by the amount of the emergency account over a period longer than 6 fiscal years.''. 441. 443. 444. 445.

H.R.2275

Taxation

Mortgage Debt Tax Forgiveness Act of 2021 This bill makes permanent the exclusion from gross income of income attributable to the discharge of qualified principal residence indebtedness.

To amend the Internal Revenue Code of 1986 to make permanent the exclusion from gross income of discharge of qualified principal residence indebtedness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Debt Tax Forgiveness Act of 2021''. SEC. 2. PERMANENT EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS. (a) In General.--Section 108(a)(1)(E) of the Internal Revenue Code of 1986 is amended by striking ``which is discharged'' and all that follows and inserting a period. (b) Effective Date.--The amendment made by this section shall apply to indebtedness discharged after December 31, 2025. <all>

Mortgage Debt Tax Forgiveness Act of 2021

To amend the Internal Revenue Code of 1986 to make permanent the exclusion from gross income of discharge of qualified principal residence indebtedness.

Mortgage Debt Tax Forgiveness Act of 2021

Rep. Brownley, Julia

D

CA

This bill makes permanent the exclusion from gross income of income attributable to the discharge of qualified principal residence indebtedness.

To amend the Internal Revenue Code of 1986 to make permanent the exclusion from gross income of discharge of qualified principal residence indebtedness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Debt Tax Forgiveness Act of 2021''. SEC. 2. PERMANENT EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS. (a) In General.--Section 108(a)(1)(E) of the Internal Revenue Code of 1986 is amended by striking ``which is discharged'' and all that follows and inserting a period. (b) Effective Date.--The amendment made by this section shall apply to indebtedness discharged after December 31, 2025. <all>

S.3890

Government Operations and Politics

Improving Intergovernmental Cooperation and Reducing Duplication Act of 2022 This bill addresses intergovernmental cooperation and duplicative spending in federal programs. Specifically, the bill authorizes the President to prescribe information technology products and platforms and other similar or supporting services that an executive agency is especially competent and authorized by law to provide. Further, it requires an executive agency, when providing services prescribed by the President to a state, local, territorial, or tribal government, to take all available necessary and appropriate steps to increase cooperation and reduce administrative burden between the state, local, territorial, or tribal government requesting the service and the agency. Additionally, the Office of Management and Budget (OMB), in coordination with the Office of Intergovernmental Affairs, must publish a strategic plan to improve cooperation between and support greater harmonization, effectiveness, and the reduction of burdens and costs between the federal government and state, local, territorial, and tribal governments. The OMB must (1) issue guidance implementing these provisions, and (2) report on actions and activities taken by executive agencies in this regard. The General Services Administration may provide specified specialized or technical services to a state, local, territorial, or tribal government.

To improve intergovernmental cooperation and reduce duplicative spending, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Intergovernmental Cooperation and Reducing Duplication Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) It remains the policy of the United States Government to rely on the private sector enterprise system to provide services reasonably and quickly through ordinary business channels. (2) However, over the past half century, the substantial investment in unique, scalable, purposeful, and well- functioning government products and services, including those reliant on the private sector for support, has grown substantially and contributed to the successful delivery of important benefits, services, and programs to taxpayers while reducing waste, fraud, and abuse. (3) While the United States remains, as it always shall, a Federal system, when Congress makes sustained and significant investments in inherently governmental functions, Congress must seek to ensure that arbitrary restrictions are not in place that encourage other instances of waste, fraud, and abuse by allowing government agencies at all levels to create bespoke, independent systems, studies, and development projects in an independent and uncoordinated manner. (4) In respecting the leadership and ingenuity of the private sector, Congress must not allow agencies at various levels of government to operate in completely independent silos, especially when Federal benefits and programs are being administered at the State, local, territorial, and Tribal levels, which, in doing so, requires far greater taxpayer resources to be spent developing and maintaining systems, programs, projects, and other services that can be better delivered and managed cooperatively between jurisdictions. (5) State, local, territorial, and Tribal entities should have the option, without being coerced or required, to adopt and use important information, infrastructure, capabilities, and services from the Federal Government if such offerings are made to benefit taxpayers and the constituents served by those offerings. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 102 of title 31, United States Code. (3) Territorial government.--The term ``territorial government'' has the meaning given the term in section 5 of PROMESA (48 U.S.C. 2104). (4) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). SEC. 4. SPECIALIZED OR TECHNICAL SERVICES. Section 6505 of title 31, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``information technology products and platforms,'' after ``documents,''; (B) by inserting ``or supporting'' after ``similar''; and (C) by striking the second sentence; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``State or local'' and inserting ``State, local, territorial, or Tribal''; (B) by striking paragraph (1) and inserting the following: ``(1) a request is made by a representative of the State, local, territorial or Tribal government; and''; and (C) in paragraph (2), by striking ``State or local'' and inserting ``State, local, territorial, or Tribal''; (3) by redesignating subsection (d) as subsection (f); (4) by inserting after subsection (c) the following: ``(d) When providing services prescribed by the President under this section to a State, local, territorial, or Tribal government, the head of an executive agency shall take all available necessary and appropriate steps to increase cooperation and reduce administrative burden between the State, local, territorial, or Tribal government requesting the service and the executive agency.''; and (5) by adding at the end the following: ``(g) In this section-- ``(1) the term `territorial government' has the meaning given the term in section 5 of PROMESA (48 U.S.C. 2104); and ``(2) the term `Tribal government' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).''. SEC. 5. STRATEGIC PLAN. (a) In General.--Not later than 150 days after the date of enactment of this Act, the Director, in coordination with the Director of the Office of Intergovernmental Affairs, shall publish a strategic plan to improve cooperation between and support greater harmonization, effectiveness, and the reduction of burdens and costs between the Federal Government and State, local, territorial, and Tribal governments. (b) Contents.--The plan required under subsection (a)-- (1) shall include coordination with and input from State, local, territorial, and Tribal governments and other relevant stakeholders; (2) shall include, at a minimum, actions and activities the Federal Government shall take to strengthen and improve the delivery of Federal services, benefits, and programs administered by State and local governments, including specific actions to increase harmonization between the Federal Government and State, local, territorial, and Tribal governments through increased availability and use of specialized or technical services provided by executive agencies pursuant to section 6505 of title 31, United States Code, as amended by section 4 of this Act; and (3) may include additional elements, data, plans, and actions, and may be updated from time to time, as the Director and the Director of the Office of Intergovernmental Affairs determine necessary. SEC. 6. OFFICE OF MANAGEMENT AND BUDGET GUIDANCE. (a) Guidance Required by the Director.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Director shall issue guidance implementing section 6505 of title 31, United States Code, as amended by section 4 of this Act. (2) Contents.--The guidance issued under paragraph (1)-- (A) may not preclude any executive agency offering specialized services pursuant to section 6505 of title 31, United States Code, as amended by section 4 of this Act, from utilizing employees or hiring employees to support the development and offering of specialized or technical services identified by the executive agency under such section 6505; (B) shall set requirements for executive agencies to routinely identify, scope, and, where approved, provide specialized or technical services to State, local, territorial, and Tribal governments; (C) shall ensure that executive agencies are not unreasonably restricted from offering specialized or technical services to State, local, territorial, and Tribal governments, especially when doing so would improve the efficiency, effectiveness, and successful delivery of Federal programs or benefits to United States citizens; and (D) shall include any other measures identified by the Director to implement section 6505 of title 31, United States Code, as amended by section 4 of this Act. (b) Rescission of Current Guidance by the Director.--Upon issuance of the guidance required by subsection (a), the Director shall rescind Office of Management and Budget Circular A-97, dated August 29, 1969. SEC. 7. REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Director, in coordination with the Director of the Office of Intergovernmental Affairs, shall submit to the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on actions and activities taken by executive agencies pursuant to section 6505 of title 31, United States Code, as amended by section 4 of this Act. (b) Contents.--The report required under subsection (a) shall include-- (1) a detailed list of the types of specialized or technical services provided by each executive agency under section 6505 of title 31, United States Code, as amended by section 4 of this Act, including the costs of each service provided to each State, local, territorial, and Tribal government; (2) measures of State, local, territorial, and Tribal government satisfaction, including an assessment of any such measures, with the specialized or technical services provided by executive agencies under such section 6505, including any cost savings to taxpayers; (3) in coordination with State, local, territorial, and Tribal governments, recommendations for the continued improvement of cooperation between the Federal Government and State, local, territorial, and Tribal governments, including legislative recommendations where appropriate, to reduce unnecessary duplication and costs, improve service delivery, and strengthen accountability and oversight of Federal programs, services, and benefits primarily delivered by State, local, territorial, or Tribal governments; and (4) other information, assessments, and matters that the Director and the Director of the Office of Intergovernmental Affairs may determine necessary. (c) Format.--The report required under subsection (a) may be published in a machine readable format on a website chosen by the Director. SEC. 8. AUTHORITIES OF THE ADMINISTRATOR OF GENERAL SERVICES. (a) In General.--Subchapter III of chapter III of subtitle I of title 40, United States Code, is amended by adding at the end the following: ``Sec. 324. Support for State, local, territorial, and Tribal governments ``(a) Definitions.--In this section-- ``(1) the term `local government' and `State' have the meanings given those terms in section 6501 of title 31; ``(2) the term `territorial government' has the meaning given the term in section 5 of PROMESA (48 U.S.C. 2104); and ``(3) the term `Tribal government' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(b) Authority To Provide Services to State, Local, Territorial, and Tribal Governments.--In addition to any authorities provided to the Administrator in this title or any other title of the United States Code, the Administrator may provide specialized or technical services described in section 6505 of title 31 on a reimbursable or non- reimbursable basis to a State, local, territorial, or Tribal government. ``(c) Use of Funds.--The Administrator is authorized to use monies deposited into or otherwise made available to funds authorized under this chapter to provide the services described in subsection (b). ``(d) Use of Authority.--The authorities provided under this section shall be in addition to any other authorities provided to the Administrator by law.''. (b) Technical and Conforming Amendment.--The table of sections for title 40, United States Code, is amended by inserting after the item relating to section 323 the following: ``324. Support for State, local, territorial and Tribal governments.''. <all>

Improving Intergovernmental Cooperation and Reducing Duplication Act of 2022

A bill to improve intergovernmental cooperation and reduce duplicative spending, and for other purposes.

Improving Intergovernmental Cooperation and Reducing Duplication Act of 2022

Sen. Peters, Gary C.

D

MI

This bill addresses intergovernmental cooperation and duplicative spending in federal programs. Specifically, the bill authorizes the President to prescribe information technology products and platforms and other similar or supporting services that an executive agency is especially competent and authorized by law to provide. Further, it requires an executive agency, when providing services prescribed by the President to a state, local, territorial, or tribal government, to take all available necessary and appropriate steps to increase cooperation and reduce administrative burden between the state, local, territorial, or tribal government requesting the service and the agency. Additionally, the Office of Management and Budget (OMB), in coordination with the Office of Intergovernmental Affairs, must publish a strategic plan to improve cooperation between and support greater harmonization, effectiveness, and the reduction of burdens and costs between the federal government and state, local, territorial, and tribal governments. The OMB must (1) issue guidance implementing these provisions, and (2) report on actions and activities taken by executive agencies in this regard. The General Services Administration may provide specified specialized or technical services to a state, local, territorial, or tribal government.

To improve intergovernmental cooperation and reduce duplicative spending, and for other purposes. FINDINGS. (2) However, over the past half century, the substantial investment in unique, scalable, purposeful, and well- functioning government products and services, including those reliant on the private sector for support, has grown substantially and contributed to the successful delivery of important benefits, services, and programs to taxpayers while reducing waste, fraud, and abuse. (4) In respecting the leadership and ingenuity of the private sector, Congress must not allow agencies at various levels of government to operate in completely independent silos, especially when Federal benefits and programs are being administered at the State, local, territorial, and Tribal levels, which, in doing so, requires far greater taxpayer resources to be spent developing and maintaining systems, programs, projects, and other services that can be better delivered and managed cooperatively between jurisdictions. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 102 of title 31, United States Code. 4. SPECIALIZED OR TECHNICAL SERVICES. 2104); and ``(2) the term `Tribal government' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5. STRATEGIC PLAN. 6. OFFICE OF MANAGEMENT AND BUDGET GUIDANCE. 7. REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Director, in coordination with the Director of the Office of Intergovernmental Affairs, shall submit to the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on actions and activities taken by executive agencies pursuant to section 6505 of title 31, United States Code, as amended by section 4 of this Act. (c) Format.--The report required under subsection (a) may be published in a machine readable format on a website chosen by the Director. SEC. 8. (a) In General.--Subchapter III of chapter III of subtitle I of title 40, United States Code, is amended by adding at the end the following: ``Sec. 324. 5131). ``(c) Use of Funds.--The Administrator is authorized to use monies deposited into or otherwise made available to funds authorized under this chapter to provide the services described in subsection (b). ``(d) Use of Authority.--The authorities provided under this section shall be in addition to any other authorities provided to the Administrator by law.''. Support for State, local, territorial and Tribal governments.''.

H.R.2141

Transportation and Public Works

Motorcyclist Advisory Council Reauthorization Act This bill provides statutory authority for the establishment of the Motorcyclist Advisory Council whose duties are to advise the Department of Transportation on transportation issues of concern to motorcyclists, including (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies.

To direct the Secretary of Transportation to establish a Motorcyclist Advisory Council, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Motorcyclist Advisory Council Reauthorization Act''. SEC. 2. MOTORCYCLIST ADVISORY COUNCIL. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a Motorcyclist Advisory Council (in this section referred to as the ``Council''). (b) Duties.-- (1) Advising.--The Council shall advise the Secretary, the Administrator of the National Highway Traffic Safety Administration, and the Administrator of the Federal Highway Administration on transportation issues of concern to motorcyclists, including-- (A) barrier design; (B) road design, construction, and maintenance practices; and (C) the architecture and implementation of intelligent transportation system technologies. (2) Biennial council report.-- (A) In general.--The Council shall submit a report to the Secretary containing the Council's recommendations on the issues described in paragraph (1). (B) Timing.--Not later than October 31 of the calendar year following the calendar year in which the Council is established, and by every 2nd October 31 thereafter, the Council shall submit the report described in subparagraph (A). (c) Membership.-- (1) In general.--The Council shall be comprised of 13 members appointed by the Secretary as follows: (A) Five experts from State or local government on highway engineering issues, including-- (i) barrier design; (ii) road design, construction, and maintenance; or (iii) intelligent transportation systems. (B) One State or local traffic and safety engineer, design engineer, or other transportation department official who is a motorcyclist. (C) One representative from a national association of State transportation officials. (D) One representative from a national motorcyclist association. (E) One representative from a national motorcyclist foundation. (F) One representative from a national motorcycle manufacturing association. (G) One representative from a motorcycle manufacturing company headquartered in the United States. (H) One roadway safety data expert on crash testing and analysis. (I) One member of a national safety organization that represents the traffic safety systems industry. (2) Duration.-- (A) Term.--Subject to subparagraphs (B) and (C), each member shall serve one term of 2 years. (B) Additional terms.--If a successor is not designated for a member before the expiration of the term the member is serving, the member may serve another term. (C) Appointment of replacements.--If a member resigns before serving a full 2-year term, the Secretary may appoint a replacement for such member to serve the remaining portion such term. A member may continue to serve after resignation until a successor has been appointed. A vacancy in the Council shall be filled in the manner in which the original appointment was made. (3) Compensation.--Members shall serve without compensation. (d) Termination.--The Council shall terminate 6 years after the date of its establishment. SEC. 3. DUTIES OF THE SECRETARY. (a) Accept or Reject Recommendation.-- (1) Determination.--The Secretary shall determine whether to accept or reject a recommendation contained in a Council report. (2) Timing.-- (A) Accept or reject.--The Secretary shall indicate in each report submitted under this section the Secretary's acceptance or rejection of each recommendation listed in such report. (B) Under consideration.--The Secretary may state in a report submitted under this section that a recommendation is under consideration. If the Secretary so states, the Secretary shall accept or reject the recommendation in the next report submitted under this section. (b) Report.-- (1) In general.--Not later than 60 days after the Secretary receives a Council report, the Secretary shall submit a report to the following: (A) The Committee on Transportation and Infrastructure of the House of Representatives. (B) The Committee on Environment and Public Works of the Senate. (C) The Committee on Commerce, Science, and Transportation of the Senate. (D) The Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. (E) The Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate. (2) Contents.--A report submitted under this subsection shall include-- (A) a list containing-- (i) each recommendation contained in the Council report described in paragraph (1); and (ii) each recommendation stated as under consideration in the previous report submitted under this subsection; and (B) for each such recommendation, whether it is accepted, rejected, or under consideration by the Secretary. (c) Administrative and Technical Support.--The Secretary shall provide such administrative support, staff, and technical assistance to the Council as the Secretary determines to be necessary for the Council to carry out its duties. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Council report.--The term ``Council report'' means the report described in section 2(b)(2). (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. <all>

Motorcyclist Advisory Council Reauthorization Act

To direct the Secretary of Transportation to establish a Motorcyclist Advisory Council, and for other purposes.

Motorcyclist Advisory Council Reauthorization Act

Rep. Gallagher, Mike

R

WI

This bill provides statutory authority for the establishment of the Motorcyclist Advisory Council whose duties are to advise the Department of Transportation on transportation issues of concern to motorcyclists, including (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies.

To direct the Secretary of Transportation to establish a Motorcyclist Advisory Council, and for other purposes. SHORT TITLE. This Act may be cited as the ``Motorcyclist Advisory Council Reauthorization Act''. MOTORCYCLIST ADVISORY COUNCIL. (B) Timing.--Not later than October 31 of the calendar year following the calendar year in which the Council is established, and by every 2nd October 31 thereafter, the Council shall submit the report described in subparagraph (A). (c) Membership.-- (1) In general.--The Council shall be comprised of 13 members appointed by the Secretary as follows: (A) Five experts from State or local government on highway engineering issues, including-- (i) barrier design; (ii) road design, construction, and maintenance; or (iii) intelligent transportation systems. (B) One State or local traffic and safety engineer, design engineer, or other transportation department official who is a motorcyclist. (D) One representative from a national motorcyclist association. (E) One representative from a national motorcyclist foundation. (G) One representative from a motorcycle manufacturing company headquartered in the United States. (H) One roadway safety data expert on crash testing and analysis. (I) One member of a national safety organization that represents the traffic safety systems industry. (C) Appointment of replacements.--If a member resigns before serving a full 2-year term, the Secretary may appoint a replacement for such member to serve the remaining portion such term. A member may continue to serve after resignation until a successor has been appointed. A vacancy in the Council shall be filled in the manner in which the original appointment was made. (3) Compensation.--Members shall serve without compensation. (d) Termination.--The Council shall terminate 6 years after the date of its establishment. DUTIES OF THE SECRETARY. (a) Accept or Reject Recommendation.-- (1) Determination.--The Secretary shall determine whether to accept or reject a recommendation contained in a Council report. (B) Under consideration.--The Secretary may state in a report submitted under this section that a recommendation is under consideration. (B) The Committee on Environment and Public Works of the Senate. (C) The Committee on Commerce, Science, and Transportation of the Senate. (D) The Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. (2) Contents.--A report submitted under this subsection shall include-- (A) a list containing-- (i) each recommendation contained in the Council report described in paragraph (1); and (ii) each recommendation stated as under consideration in the previous report submitted under this subsection; and (B) for each such recommendation, whether it is accepted, rejected, or under consideration by the Secretary. (c) Administrative and Technical Support.--The Secretary shall provide such administrative support, staff, and technical assistance to the Council as the Secretary determines to be necessary for the Council to carry out its duties. SEC. 4. DEFINITIONS. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

H.R.4495

Housing and Community Development

Downpayment Toward Equity Act of 2021 This bill establishes a grant program through the Department of Housing and Urban Development for states and other entities to provide qualifying assistance to certain first-time, first-generation home buyers in purchasing their first homes. Qualifying assistance includes assistance for mortgage down payments, mortgage closing costs, reduction of mortgage interest rates, subsidies for shared equity homes, or for certain preoccupancy modifications to a home to accommodate persons with disabilities. The bill also establishes grant requirements regarding home buyer income, types of housing, homeowner occupancy, types of mortgages, and home buyer counseling.

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Downpayment Toward Equity Act of 2021''. SEC. 2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE DOWNPAYMENT PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program under this Act to provide grants to States and eligible entities to provide financial assistance under this Act to first-generation homebuyers to assist them with acquiring owner- occupied primary residences. (b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. (2) Eligible entities.--25 percent of such amounts shall be made available only to eligible entities on a competitive basis. (c) Assistance.--Amounts from a grant under this Act shall be used only to provide assistance-- (1) on behalf of a qualified homebuyer; and (2) for-- (A) costs in connection with the acquisition, involving an eligible mortgage loan, of an eligible home, including downpayment costs, closing costs, and costs to reduce the rates of interest on eligible mortgage loans; (B) for subsidies to make shared equity homes affordable to eligible homebuyers by discounting the price for which the home will be sold and to preserve the home's affordability for subsequent eligible buyers; and (C) for pre-occupancy home modifications required to accommodate qualified homebuyers or members of their household with disabilities. (d) Amount.--A grant of assistance under this Act-- (1) may be provided on behalf of any qualified homebuyer only once; and (2) may not exceed $20,000, or $25,000 in the case of a qualified homebuyer who is a socially and economically disadvantaged individual, except that the Secretary may increase such maximum limitation amounts in the case of qualified homebuyers acquiring residences located in high-cost areas, as determined based on median home prices or prices of residences under a shared equity homeownership program. (e) Layering of Assistance.--Assistance from grant amounts under this Act may be provided on behalf of a qualified homebuyer who is receiving assistance from other sources, including other State, Federal, local, private, public, and nonprofit sources, for acquisition of an eligible home. (f) State Administration.-- (1) In general.--The Secretary shall require that each State receiving grant amounts under this Act administer the program to provide assistance with such amounts through the State housing finance agency for the State or such other housing agency of the State as the Secretary finds appropriate, except that any such agency may, at the option of the agency, contract with a nonprofit entity, including a housing counseling agency approved by the Secretary, to administer such assistance. (2) Affirmatively furthering fair housing.--For a State to be eligible for a grant under this Act, the State shall be in compliance with the Secretary's regulations implementing the requirement under section 808(e)(5) of the Fair Housing Act (42 U.S.C. 3608(e)(5)) to affirmatively further fair housing. (3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. (g) Reallocation of State Amounts.--The Secretary shall reallocate any grant funds under this Act allocated for a fiscal year that remain unused at the end of such fiscal year among States and eligible entities that demonstrate to the Secretary the capacity to expend such amounts and that are satisfactorily meeting the goals of the program under this Act, as determined by the Secretary. (h) Uniformity and Program Standardization.--The Secretary shall establish a uniform set of requirements to which each State and eligible entity receiving grant amounts under this Act shall comply. SEC. 3. QUALIFIED HOMEBUYERS. (a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. as determined by the Secretary, 180 percent of the median income for the area within which the eligible home to be acquired using such assistance is located; and (2) First-time homebuyer.--The homebuyer, as self-attested by the homebuyer, is a first-time homebuyer, as such term is defined in section 92.2 of the Secretary's regulations (24 C.F.R. 92.2), except that for purposes of this subsection the reference in such section 92.2 to the American Dream Downpayment Initiative shall be considered to refer to the program under this Act. (3) First-generation homebuyer.--The homebuyer is, as self- attested by the homebuyer-- (A) an individual-- (i) whose parents or legal guardians do not have any present residential ownership interest in any State; and (ii) whose spouse, or domestic partner, and each member of whose household has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State; or (B) an individual who has at any time been placed in foster care. (b) Reliance on Borrower Attestations.--No creditor shall be subject to liability, including monetary penalties or requirements to indemnify a Federal agency or repurchase a loan that has been sold or securitized, for the provision of downpayment assistance under this Act to a borrower who does not meet the eligibility requirements if the creditor does so in good faith reliance on borrower attestations of eligibility required by this Act or regulation. SEC. 4. ELIGIBLE HOMES. (a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (b) Repayment of Assistance.-- (1) Requirement.--The Secretary shall require that, if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance is provided in connection with the purchase of a primary residence through a shared equity homeownership program, the homebuyer shall repay to the Secretary-- (A) 100 percent of the amount of such assistance, if such failure to occupy commences before the expiration of the 12-month period beginning on the date of acquisition; (B) 80 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 12-month period beginning on such date of acquisition but before the expiration of the 24-month period beginning on such date of acquisition; (C) 60 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 24-month period beginning on such date of acquisition but before the expiration of the 36-month period beginning on such date of acquisition; (D) 40 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 36-month period beginning on such date of acquisition but before the expiration of the 48-month period beginning on such date of acquisition; and (E) 20 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 48-month period beginning on such date of acquisition but before the expiration of the 60-month period beginning on such date of acquisition. (2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. SEC. 5. ELIGIBLE MORTGAGE LOANS. Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) or title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.); (3) is a qualified mortgage, as such term is defined in section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)); (4) is made, insured, or guaranteed under chapter 37 of title 38, United States Code; or (5) is guaranteed under section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a). SEC. 6. HOUSING COUNSELING REQUIREMENT. (a) In General.--Except as provided pursuant to section 3, assistance with grant amounts under this Act may not be provided on behalf of qualified homebuyer unless such homebuyer has completed a program of counseling with respect to the responsibilities and financial management involved in homeownership before entering into a sales purchase agreement or loan application, except as provided under subsection (c), as the Secretary shall require, provided through a counseling agency approved by the Secretary. Such program may be delivered virtually, by telephone, or any other method the Secretary determines acceptable and shall include providing information on fair housing rights and on the availability of post-purchase housing counseling opportunities and instruction on how to file a fair housing complaint. (b) Alternative Requirement.--The Secretary shall provide that if a qualified homebuyer is unable to complete the requirement under subsection (a) within 30 days due to housing counseling agency capacity issues, a State or eligible entity may allow such qualified homebuyer to complete alternative homebuyer education to fulfill the requirement under subsection (a), including homebuyer education that is provided through an online platform, and such qualified homebuyer shall be made aware of the availability of post-purchase housing counseling opportunities. (c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. An eligible homebuyer may be re-qualified at least one additional time in a calendar year, or more as determined by the Secretary. (d) Funding.--Of any amounts appropriated to carry out this Act, the Secretary shall use not less than 5 percent for costs of providing counseling referred to in subsection (a). SEC. 7. ADMINISTRATIVE COSTS. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. SEC. 8. REPORTS. (a) In General.--For each fiscal year during which the Secretary makes grants under this Act, the Secretary shall submit to the Congress, and make publicly available online in an easily accessible location on the website of the Department, a report that shall include-- (1) demographic information regarding applicants for and recipients of assistance provided pursuant to this Act, including race, ethnicity, and gender; (2) information regarding the types and amount of assistance provided, including downpayment assistance, assistance with closing costs, and assistance to reduce mortgage loan interest rates; (3) information regarding properties acquired using such assistance, including location, property value, property type, and first mortgage type and investor. All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. (b) Capacity Building.--Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). The Secretary shall encourage States and eligible entities to consult with community-based and nonprofit organizations that have as their mission to advance fair housing and fair lending. (c) Privacy Requirements.-- (1) In general.--Each State and eligible entity that receives a grant under this Act shall establish data privacy and security requirements for the information described in subsection (a) that-- (A) include appropriate measures to ensure that the privacy of the individuals and households is protected; (B) provide that the information, including any personally identifiable information, is collected and used only for the purpose of submitting reports under subsection (a); and (C) provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or stalking. (2) Statistical research.-- (A) In general.--The Secretary-- (i) may provide full and unredacted information provided under subsection (a), including personally identifiable information, for statistical research purposes in accordance with existing law; and (ii) may collect and make available for statistical research, at the census tract level, information collected under paragraph (1). (B) Application of privacy requirements.--A recipient of information under subparagraph (A) shall establish for such information the data privacy and security requirements described in paragraph (1). SEC. 9. COMPELLING INTEREST STUDY. The Secretary and the Attorney General shall survey and compile evidence to determine whether or not there is a sufficient history of discrimination in housing and the appropriate remedy to redress such historic discrimination. The Secretary shall make conclusions and recommendations based on the evidence and provide States and eligible entities granted awards under this Act an opportunity to modify their programs for assistance under this Act according to such recommendations. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Affirmatively further fair housing.--The term ``affirmatively further fair housing'' has the same meaning as defined by the Secretary to implement section 808(e)(5) of the Fair Housing Act (42 U.S.C. 3608(e)(5)). (2) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a minority depository institution, as such term is defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note); (B) a community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations; and (C) any other nonprofit, mission-driven entity that the Secretary finds targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations. (4) Eligible home.--The term ``eligible home'' means a residential dwelling, including a unit in a condominium or cooperative project or a manufactured housing unit, that meets the requirements of section 4. (5) Eligible mortgage loan.--The term ``eligible mortgage loan'' means a residential mortgage loan that meets the requirements of section 5. (6) Qualified homebuyer.--The term ``qualified homebuyer'' means a homebuyer who meets the requirements of section 3, and includes homebuyers consisting of multiple individuals, co- purchasers, and multi-member households. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (8) Shared equity homeownership program.-- (A) In general.--The term ``shared equity homeownership program'' means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. (B) Affordability requirements.--Any such program under subparagraph (A) shall-- (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar legal mechanism that includes provisions ensuring that the program shall-- (I) maintain the homeownership unit as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner's proceeds upon resale; and (III) provide the program administrator or such administrator's assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (9) Socially and economically disadvantaged individual.-- The term ``socially and economically disadvantaged individual'' means an individual who meets the following requirements: (A) Social disadvantage.-- (i) In general.--The individual is a member of a socially disadvantaged group, whose members have historically been subjected to racial or ethnic discrimination within the United States because of their identity as members of such group without regard to their individual qualities. (ii) Presumption; rebuttal.--An individual identifying as Black, Hispanic, Native American, or Asian American, or any combination thereof, shall be presumed to be socially disadvantaged for purposes of clause (i). Such presumption may be rebutted by such individual with credible evidence to the contrary. (iii) Burden of proof.--An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. (iv) Rules.--The Secretary may issue regulations as necessary to establish procedures for complying with this subparagraph. (B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). (10) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the tribal government of any Indian tribe, as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). SEC. 11. REGULATIONS. The Secretary shall issue any regulations necessary to implement this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for grants under this Act $100,000,000,000, and any amounts appropriated pursuant to this section shall remain available until expended. <all>

Downpayment Toward Equity Act of 2021

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes.

Downpayment Toward Equity Act of 2021

Rep. Waters, Maxine

D

CA

This bill establishes a grant program through the Department of Housing and Urban Development for states and other entities to provide qualifying assistance to certain first-time, first-generation home buyers in purchasing their first homes. Qualifying assistance includes assistance for mortgage down payments, mortgage closing costs, reduction of mortgage interest rates, subsidies for shared equity homes, or for certain preoccupancy modifications to a home to accommodate persons with disabilities. The bill also establishes grant requirements regarding home buyer income, types of housing, homeowner occupancy, types of mortgages, and home buyer counseling.

2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE DOWNPAYMENT PROGRAM. QUALIFIED HOMEBUYERS. ELIGIBLE HOMES. (a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. ELIGIBLE MORTGAGE LOANS. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). REGULATIONS. SEC. 12.

S.4107

Armed Forces and National Security

Department of Defense Civilian Harm Transparency Act This bill requires the Department of Defense (DOD) to designate a senior official to serve as the civilian harm investigation coordinator to conduct a review of each investigation of civilian harm and assess whether applicable laws, policies, guidelines, and processes were followed during the investigations. DOD must also appoint a general counsel to assist the coordinator with such duties. The coordinator must annually submit to Congress a report on civilian harm resulting from U.S. military operations during the preceding year. DOD must make publicly available in an electronic format a detailed list of all ex gratia payments (i.e., payments that are not legally required) and other payments in response to civilian harm paid by the United States. Some information may be excluded to ensure safety or privacy of payment recipients. DOD must provide specified information to Congress to certify the need for confidentiality. DOD must provide an easily accessible electronic method by which individuals may request ex gratia or other condolence payments.

To amend title 10, United States Code, to establish in the Department of Defense a civilian harm investigation coordinator, to improve and make permanent the requirement that the Secretary of Defense submit an annual report on civilian harm in connection with United States military operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Civilian Harm Transparency Act''. SEC. 2. ANNUAL REPORT ON CIVILIAN HARM IN CONNECTION WITH UNITED STATES MILITARY OPERATIONS. (a) In General.--Chapter 23 of title 10, United States Code, is amended by inserting after section 486 the following new section: ``Sec. 487. Civilian harm in connection with United States military operations. ``(a) Coordinator.--The Secretary of Defense shall-- ``(1) designate a senior official within the Office of the Secretary of Defense to serve as the civilian harm investigation coordinator; and ``(2) appoint a general counsel to assist the coordinator in carrying out the responsibilities under subsection (b). ``(b) Responsibilities.-- The coordinator designated under subsection (a) shall carry out the following responsibilities: ``(1) In the case of each investigation of civilian harm, conducting a review of the investigation and an assessment of whether applicable laws, policies, guidelines, and processes were followed in conducting the investigations. ``(2) Certifying each annual report submitted under subsection (c). ``(c) Annual Report Required.--(1) Not later than May 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on civilian harm resulting from United States military operations during the preceding year. ``(2) Each report required under paragraph (1) shall set forth the following: ``(A) A list of all the United States military operations conducted during the year covered by the report as a result of which-- ``(i) an incident of civilian harm is confirmed or reasonably suspected to have occurred; or ``(ii) an incident of civilian harm is alleged to have occurred and for which an investigation into such incident remains open as of the date of the submittal of the report. ``(B) For each military operation listed under subparagraph (A), each of the following: ``(i) The date and time. ``(ii) The location, including the precise geographic coordinates of any strike occurring as a result of the conduct of the operation. ``(iii) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict and a definition of the term `theater of active armed conflict'. ``(iv) The type of operation, including for each strike conducted as part of the operation-- ``(I) a description of whether the strike was deliberate or dynamic; ``(II) the Department's legal and policy justification for the strike, including an explanation of each such justification under domestic law and applicable international law; ``(III) the relevant rules and procedures in place to prevent civilian casualties or significant damage to civilian objects, and whether those rules and procedures were followed; and ``(IV) a description of the type of weapons and ordnance used, including whether there was any weapon malfunction. ``(v) An assessment of the estimated number of civilians, civilians directly participating in hostilities, and belligerents killed and injured during the operation, formulated as a range, if necessary, and including-- ``(I) details on the number of men, women, and children involved and the estimated ages of such civilians, civilians directly participating in hostilities, and belligerents; and ``(II) an explanation of-- ``(aa) how the Department of Defense determined whether targets were civilians, civilians directly participating in hostilities, and belligerents; ``(bb) the Department's legal criteria for considering a person to be a civilian, civilian directly participating in hostilities, or a belligerent; and ``(cc) the level of epistemic certainty required to make such determination. ``(vi) For each strike carried out as part of the operation-- ``(I) an assessment of whether post-strike civilian harm exceeded pre-strike assessments of anticipated harm and, if so, the reasons for this discrepancy; ``(II) an assessment of whether civilian harm resulted from misidentification of a military objective or the collateral effects of engagement; ``(III) an assessment of damage to civilian objects that would ordinarily be placed on a no-strike list, and an explanation if any such object was removed from the list; and ``(IV) a general assessment of reliability of information provided and how such reliability level was determined. ``(vii) A summary for all completed civilian harm assessments and investigations. ``(viii) For any investigation into an incident that has been open for more than 180 days, an update on the status of the investigation in the report table. ``(ix) In the case of any incident where the Secretary determines that credible civilian harm occurred-- ``(I) an assessment of whether the Department has publicly acknowledged the civilian harm or instituted any procedural reforms; ``(II) a description of any other non- monetary consequence management that has occurred, including the provision of medical care, visa assistance, private apologies or explanations, or public affairs statements; and ``(III) an analysis on the effectiveness of the Department of Defense response. ``(x) For each investigation into an incident of civilian harm or alleged civilian harm-- ``(I) whether witness interviews and site visits occurred, and if not, an explanation for why not; ``(II) whether civil society documentation or investigations were taken into account in making a final determination in the investigation, and if not, an explanation for why not; and ``(III) if an incident of alleged civilian harm is deemed not credible, an explanation of the standard and methodology for making that determination. ``(C) A description of the process by which the Department of Defense investigates allegations of civilian casualties resulting from United States military operations, including all standards and guidelines applicable to such investigations, the procedures for conducting and reviewing such investigations, the procedures for reviewing external sources of information, the criteria for deeming information credible, and the entities responsible for conducting and reviewing such investigations. ``(D) A description of steps taken to mitigate harm to civilians in the course of conducting such operations, including any new or updated civilian harm policies and procedures implemented by the Department of Defense or the combatant commands. ``(E) An assessment of how United States military operations affected or exacerbated humanitarian needs of civilian populations in each theater of military operations. ``(F) For each incident of civilian harm where at least simple negligence was determined to play a contributory role-- ``(i) a description of any remedial personnel action taken, including administrative, disciplinary, or punitive; or ``(ii) if no disciplinary action was taken, an explanation of why not. ``(G) A description of any changes to policies, rules, or procedures as a result of such an incident. ``(H) Any other matter the Secretary of Defense determines is appropriate. ``(3) In preparing a report under this subsection, the Secretary of Defense shall take into account relevant and credible all-source reporting, with a special emphasis on information from public reports and non-governmental sources. ``(4) Each report required under paragraph (1) shall be-- ``(A) submitted in unclassified form, but may include a classified annex; and ``(B) redacted only as necessary to protect legitimately classified information and then made publicly available in a databased and searchable format that includes a table with hyperlinks to individual incidents. ``(d) Ex Gratia and Condolence Payments.--(1) Not less frequently than once each calendar quarter, the Secretary of Defense shall make publicly available in an electronic format-- ``(A) a detailed list of all ex gratia payments and any other payments in response to civilian harm paid by the United States during that quarter, including for each payment, the country where the payment was issued and the type of payment; and ``(B) with respect to a calendar quarter in which no ex gratia or other payments were made in response to civilian harm, an explanation of whether any payments were refused along with the reason for such refusal, and any other reason for which no payments were made. ``(2) Information about specific payments required under paragraph (1) that must be kept confidential to ensure the safety or privacy of payment recipients, based on consultation with such recipients, may be excluded from the publicly available list if the Secretary of Defense-- ``(A) provides such information to the congressional defense committees in a confidential annex; ``(B) submits to such committees a certification of the need for confidentiality; and ``(C) makes such information publicly available in an aggregated format. ``(3) The Secretary of Defense shall make available an easily accessible electronic method by which individuals or others on their behalf may request ex gratia or other condolence payments.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 486 the following new item: ``487. Annual report on civilian harm in connection with United States military operations.''. (c) Conforming Repeal.--Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) is repealed. <all>

Department of Defense Civilian Harm Transparency Act

A bill to amend title 10, United States Code, to establish in the Department of Defense a civilian harm investigation coordinator, to improve and make permanent the requirement that the Secretary of Defense submit an annual report on civilian harm in connection with United States military operations, and for other purposes.

Department of Defense Civilian Harm Transparency Act

Sen. Warren, Elizabeth

D

MA

This bill requires the Department of Defense (DOD) to designate a senior official to serve as the civilian harm investigation coordinator to conduct a review of each investigation of civilian harm and assess whether applicable laws, policies, guidelines, and processes were followed during the investigations. DOD must also appoint a general counsel to assist the coordinator with such duties. The coordinator must annually submit to Congress a report on civilian harm resulting from U.S. military operations during the preceding year. DOD must make publicly available in an electronic format a detailed list of all ex gratia payments (i.e., payments that are not legally required) and other payments in response to civilian harm paid by the United States. Some information may be excluded to ensure safety or privacy of payment recipients. DOD must provide specified information to Congress to certify the need for confidentiality. DOD must provide an easily accessible electronic method by which individuals may request ex gratia or other condolence payments.

This Act may be cited as the ``Department of Defense Civilian Harm Transparency Act''. 2. (a) In General.--Chapter 23 of title 10, United States Code, is amended by inserting after section 486 the following new section: ``Sec. 487. Civilian harm in connection with United States military operations. ``(2) Certifying each annual report submitted under subsection (c). ``(iii) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict and a definition of the term `theater of active armed conflict'. ``(v) An assessment of the estimated number of civilians, civilians directly participating in hostilities, and belligerents killed and injured during the operation, formulated as a range, if necessary, and including-- ``(I) details on the number of men, women, and children involved and the estimated ages of such civilians, civilians directly participating in hostilities, and belligerents; and ``(II) an explanation of-- ``(aa) how the Department of Defense determined whether targets were civilians, civilians directly participating in hostilities, and belligerents; ``(bb) the Department's legal criteria for considering a person to be a civilian, civilian directly participating in hostilities, or a belligerent; and ``(cc) the level of epistemic certainty required to make such determination. ``(vi) For each strike carried out as part of the operation-- ``(I) an assessment of whether post-strike civilian harm exceeded pre-strike assessments of anticipated harm and, if so, the reasons for this discrepancy; ``(II) an assessment of whether civilian harm resulted from misidentification of a military objective or the collateral effects of engagement; ``(III) an assessment of damage to civilian objects that would ordinarily be placed on a no-strike list, and an explanation if any such object was removed from the list; and ``(IV) a general assessment of reliability of information provided and how such reliability level was determined. ``(viii) For any investigation into an incident that has been open for more than 180 days, an update on the status of the investigation in the report table. ``(G) A description of any changes to policies, rules, or procedures as a result of such an incident. ``(H) Any other matter the Secretary of Defense determines is appropriate. ``(d) Ex Gratia and Condolence Payments.--(1) Not less frequently than once each calendar quarter, the Secretary of Defense shall make publicly available in an electronic format-- ``(A) a detailed list of all ex gratia payments and any other payments in response to civilian harm paid by the United States during that quarter, including for each payment, the country where the payment was issued and the type of payment; and ``(B) with respect to a calendar quarter in which no ex gratia or other payments were made in response to civilian harm, an explanation of whether any payments were refused along with the reason for such refusal, and any other reason for which no payments were made.

H.R.1673

Science, Technology, Communications

This bill requires that the provision of Wi-Fi access on school buses be made eligible for support under the E-Rate program, which allots broadband discounts to schools and libraries.

To require the Federal Communications Commission to make the provision of Wi-Fi access on school buses eligible for E-rate support. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-RATE SUPPORT FOR SCHOOL BUS WI-FI. (a) Definition.--In this section, the term ``school bus'' means a passenger motor vehicle that is-- (1) designed to carry a driver and not less than 5 passengers; and (2) used significantly to transport early child education, elementary school, or secondary school students to or from school or an event related to school. (b) Rulemaking.--Notwithstanding the limitations under paragraphs (1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) regarding the authorized recipients and uses of discounted telecommunications services, not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking to make the provision of Wi-Fi access on school buses eligible for support under the E-rate program of the Commission set forth under subpart F of part 54 of title 47, Code of Federal Regulations. <all>

To require the Federal Communications Commission to make the provision of Wi-Fi access on school buses eligible for E-rate support.

To require the Federal Communications Commission to make the provision of Wi-Fi access on school buses eligible for E-rate support.

Official Titles - House of Representatives Official Title as Introduced To require the Federal Communications Commission to make the provision of Wi-Fi access on school buses eligible for E-rate support.

Rep. Welch, Peter

D

VT

This bill requires that the provision of Wi-Fi access on school buses be made eligible for support under the E-Rate program, which allots broadband discounts to schools and libraries.

To require the Federal Communications Commission to make the provision of Wi-Fi access on school buses eligible for E-rate support. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-RATE SUPPORT FOR SCHOOL BUS WI-FI. (a) Definition.--In this section, the term ``school bus'' means a passenger motor vehicle that is-- (1) designed to carry a driver and not less than 5 passengers; and (2) used significantly to transport early child education, elementary school, or secondary school students to or from school or an event related to school. (b) Rulemaking.--Notwithstanding the limitations under paragraphs (1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) regarding the authorized recipients and uses of discounted telecommunications services, not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking to make the provision of Wi-Fi access on school buses eligible for support under the E-rate program of the Commission set forth under subpart F of part 54 of title 47, Code of Federal Regulations. <all>

H.R.9380

Armed Forces and National Security

Financial Relief for Civilians Treated at Military Hospitals Act This bill prohibits the Department of Defense (or the military departments) from attempting to collect a debt owed by a civilian not covered under TRICARE for certain emergency medical treatment at a military medical treatment facility. The bill also prohibits a military medical treatment facility from charging any fee for certain emergency medical treatment provided to a civilian who is not covered under TRICARE, or a third-party payer of such civilian (e.g., Medicare).

To amend title 31 and title 10, United States Code, to address claims of the United States Government relating to certain treatment received by civilians at military medical treatment 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 ``Financial Relief for Civilians Treated at Military Hospitals Act''. SEC. 2. DEBT ARISING FROM TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES. Section 3711 of title 31, United States Code, is amended-- (1) in subsection (g)(2)-- (A) in subparagraph (A)(v), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) to any debt or claim described in subsection (j).''; and (2) by adding at the end the following: ``(j) The Secretary of Defense or the Secretary of a military department (as defined in section 101 of title 10) may not take an action under subsection (a) to collect a claim arising from covered treatment (as defined in section 1079b(b) of that title) provided at a military medical treatment facility to a civilian who is not a covered beneficiary (as defined in section 1072 of that title).''. SEC. 3. LIMITATION ON FEES CHARGED TO CIVILIANS FOR EMERGENCY MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES. Section 1079b of title 10, United States Code, is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b) Limitation on Fees for Certain Treatment.--(1) Under the procedures developed under subsection (a), a military medical treatment facility may not charge a civilian who is not a covered beneficiary, or a third-party payer of such civilian, any fee for covered treatment provided to such civilian at such facility. ``(2) In this subsection: ``(A) The term `covered treatment', with respect to treatment provided to a civilian at a military medical treatment facility, means treatment provided for a medical emergency or in connection with an emergency inpatient admission. ``(B) The terms `emergency inpatient admission' and `medical emergency' have the meanings given those terms in section 199.2 of title 32, Code of Federal Regulations, or successor regulations. ``(C) The term `third-party payer' means-- ``(i) an entity described in section 1095(h)(1) of this title; ``(ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or ``(iii) the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.).''. <all>

Financial Relief for Civilians Treated at Military Hospitals Act

To amend title 31 and title 10, United States Code, to address claims of the United States Government relating to certain treatment received by civilians at military medical treatment facilities, and for other purposes.

Financial Relief for Civilians Treated at Military Hospitals Act

Rep. Castro, Joaquin

D

TX

This bill prohibits the Department of Defense (or the military departments) from attempting to collect a debt owed by a civilian not covered under TRICARE for certain emergency medical treatment at a military medical treatment facility. The bill also prohibits a military medical treatment facility from charging any fee for certain emergency medical treatment provided to a civilian who is not covered under TRICARE, or a third-party payer of such civilian (e.g., Medicare).

To amend title 31 and title 10, United States Code, to address claims of the United States Government relating to certain treatment received by civilians at military medical treatment 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 ``Financial Relief for Civilians Treated at Military Hospitals Act''. SEC. 2. DEBT ARISING FROM TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES. Section 3711 of title 31, United States Code, is amended-- (1) in subsection (g)(2)-- (A) in subparagraph (A)(v), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) to any debt or claim described in subsection (j).''; and (2) by adding at the end the following: ``(j) The Secretary of Defense or the Secretary of a military department (as defined in section 101 of title 10) may not take an action under subsection (a) to collect a claim arising from covered treatment (as defined in section 1079b(b) of that title) provided at a military medical treatment facility to a civilian who is not a covered beneficiary (as defined in section 1072 of that title).''. SEC. 3. LIMITATION ON FEES CHARGED TO CIVILIANS FOR EMERGENCY MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES. Section 1079b of title 10, United States Code, is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b) Limitation on Fees for Certain Treatment.--(1) Under the procedures developed under subsection (a), a military medical treatment facility may not charge a civilian who is not a covered beneficiary, or a third-party payer of such civilian, any fee for covered treatment provided to such civilian at such facility. ``(2) In this subsection: ``(A) The term `covered treatment', with respect to treatment provided to a civilian at a military medical treatment facility, means treatment provided for a medical emergency or in connection with an emergency inpatient admission. ``(B) The terms `emergency inpatient admission' and `medical emergency' have the meanings given those terms in section 199.2 of title 32, Code of Federal Regulations, or successor regulations. ``(C) The term `third-party payer' means-- ``(i) an entity described in section 1095(h)(1) of this title; ``(ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or ``(iii) the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.).''. <all>

S.3072

International Affairs

City and State Diplomacy Act This bill establishes within the Department of State the Office of City and State Diplomacy, which shall coordinate federal support for engagement by state and municipal governments with foreign governments. The head of the office shall be the Ambassador-at-Large for City and State Diplomacy, who shall be appointed by the President with the advice and consent of the Senate.

To establish an Office of City and State Diplomacy within the Department of State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``City and State Diplomacy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The supremacy clause of the United States Constitution (article VI, clause 2) establishes that the Federal Government has the primary role in conducting diplomacy on behalf of the United States; in turn, the Department of State, which was created pursuant to statute by Congress in 1789, has the lead role in formulating and implementing United States foreign policy. (2) The growth of subnational cooperation has enabled States and municipalities to play an increasingly significant role in foreign policy and complement the efforts of the Department of State by-- (A) supporting exchanges and cooperation agreements between elected leaders and officials of State and municipal governments and those of international cities, regions, and countries; (B) promoting United States exports to foreign markets and foreign direct investment into the United States; and (C) sharing best practices and striking agreements with foreign counterparts on a wide range of topics, including facilitating trade and investment, protecting the health and safety of their respective citizens, cooperating on energy and the environment, and promoting people-to-people exchanges. (3) Global networks made up exclusively of local government officials are at the forefront of harnessing the power of cities to advance international cooperation, including C40 Cities Climate Leadership Group, ICLEI, United Cities and Local Governments, Global Parliament of Mayors, Urban20, Strong Cities Network, and Global Compact of Mayors. (4) In 2010, the Department of State appointed the first- ever special representative for Global Intergovernmental Affairs, who led efforts to build strategic peer-to-peer relationships between the Department of State, State and local officials, and their foreign counterparts. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the interest of the United States to support robust two-way partnerships between the Department of State and subnational entities to advance United States foreign policy objectives, improve understanding of United States diplomacy, and leverage Federal resources to enhance the impact of subnational engagements; and (2) the creation in the Department of State of an Office of City and State Diplomacy, headed by a senior Department official of appropriate rank to represent the United States at international fora, would bolster United States interests through international agreements and Federal support to State and local entities. SEC. 4. ESTABLISHMENT OF THE OFFICE OF CITY AND STATE DIPLOMACY. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection: ``(i) Office of City and State Diplomacy.-- ``(1) In general.--There shall be established within the Department of State an Office of City and State Diplomacy (in this subsection referred to as the `Office'). The Department may use a similar name at its discretion and upon notification to Congress. ``(2) Head of office.--The head of the Office shall be the Ambassador-at-Large for City and State Diplomacy (in this subsection referred to as the `Ambassador') or other appropriate senior official. The head of the Office shall-- ``(A) be appointed by the President, by and with the advice and consent of the Senate; and ``(B) report directly to the Secretary, or such other senior official as the Secretary determines appropriate and upon notification to Congress. ``(3) Duties.-- ``(A) Principal duty.--The principal duty of the head of the Office shall be the overall coordination (including policy oversight of resources) of Federal support for subnational engagements by State and municipal governments with foreign governments. The head of the Office shall be the principal adviser to the Secretary of State on subnational engagements and the principal official on such matters within the senior management of the Department of State. ``(B) Additional duties.--The additional duties of the head of the Office shall include the following: ``(i) Coordinating overall United States policy and programs in support of subnational engagements by State and municipal governments with foreign governments, including with respect to the following: ``(I) Coordinating resources across the Department of State and throughout the Federal Government in support of such engagements. ``(II) Identifying policy, program, and funding discrepancies among relevant Federal agencies regarding such coordination. ``(III) Identifying gaps in Federal support for such engagements and developing corresponding policy or programmatic changes to address such gaps. ``(ii) Identifying areas of alignment between United States foreign policy and State and municipal goals. ``(iii) Improving communication with the United States public, including, potentially, communication that demonstrate the breadth of international engagement by subnational actors and the impact of diplomacy across the United States. ``(iv) Providing advisory support to subnational engagements, including by assisting State and municipal governments regarding-- ``(I) developing and implementing global engagement and public diplomacy strategies; ``(II) implementing programs to cooperate with foreign governments on policy priorities or managing shared resources; and ``(III) understanding the implications of foreign policy developments or policy changes through regular and extraordinary briefings. ``(v) Facilitating linkages and networks among State and municipal governments, and between State and municipal governments and their foreign counterparts, including by tracking subnational engagements and leveraging State and municipal expertise. ``(vi) Supporting the work of Department of State detailees assigned to State and municipal governments pursuant to this subsection. ``(vii) Under the direction of the Secretary, negotiating agreements and memoranda of understanding with foreign governments related to subnational engagements and priorities. ``(viii) Supporting United States economic interests through subnational engagements, in consultation and coordination with the Department of Commerce, the Department of the Treasury, and the Office of the United States Trade Representative. ``(ix) Coordinating subnational engagements with the associations of subnational elected leaders, including the United States Conference of Mayors, National Governors Association, National League of Cities, National Association of Counties, Council of State Governments, National Conference of State Legislators, and State International Development Organizations. ``(4) Coordination.--With respect to matters involving trade promotion and inward investment facilitation, the Office shall coordinate with and support the International Trade Administration of the Department of Commerce as the lead Federal agency for trade promotion and facilitation of business investment in the United States. ``(5) Detailees.-- ``(A) In general.--The Secretary of State, with respect to employees of the Department of State, is authorized to detail a member of the civil service or Foreign Service to State and municipal governments on a reimbursable or nonreimbursable basis. Such details shall be for a period not to exceed two years, and shall be without interruption or loss of status or privilege. ``(B) Responsibilities.--Detailees under subparagraph (A) should carry out the following responsibilities: ``(i) Supporting the mission and objectives of the host subnational government office. ``(ii) Advising State and municipal government officials regarding questions of global affairs, foreign policy, cooperative agreements, and public diplomacy. ``(iii) Coordinating activities relating to State and municipal government subnational engagements with the Department of State, including the Office, Department leadership, and regional and functional bureaus of the Department, as appropriate. ``(iv) Engaging Federal agencies regarding security, public health, trade promotion, and other programs executed at the State or municipal government level. ``(v) Any other duties requested by State and municipal governments and approved by the Office. ``(C) Additional personnel support for subnational engagement.--For the purposes of this subsection, the Secretary of State-- ``(i) is authorized to employ individuals by contract; ``(ii) is encouraged to make use of the re- hired annuitants authority under section 3323 of title 5, United States Code, particularly for annuitants who are already residing across the United States who may have the skills and experience to support subnational governments; and ``(iii) is encouraged to make use of authorities under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) to temporarily assign State and local government officials to the Department of State or overseas missions to increase their international experience and add their perspectives on United States priorities to the Department. ``(6) Report and briefing.-- ``(A) Report.--Not later than one year after the date of the enactment of this subsection, the head of the Office shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report that includes information relating to the following: ``(i) The staffing plan (including permanent and temporary staff) for the Office and a justification for the location of the Office within the Department of State's organizational structure. ``(ii) The funding level provided to the Office for the Office, together with a justification relating to such level. ``(iii) The rank and title granted to the head of the Office, together with a justification relating to such decision and an analysis of whether the rank and title of Ambassador-at-Large is required to fulfill the duties of the Office. ``(iv) A strategic plan for the Office, including relating to-- ``(I) leveraging subnational engagement to improve United States foreign policy effectiveness; ``(II) enhancing the awareness, understanding, and involvement of United States citizens in the foreign policy process; and ``(III) better engaging with foreign subnational governments to strengthen diplomacy. ``(v) Any other matters as determined relevant by the head of the Office. ``(B) Briefings.--Not later than 30 days after the submission of the report required under subparagraph (A) and annually thereafter, the head of the Office shall brief the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives on the work of the Office and any changes made to the organizational structure or funding of the Office. ``(7) Rule of construction.--Nothing in this subsection may be construed as precluding-- ``(A) the Office from being elevated to a bureau within the Department of State; or ``(B) the head of the Office from being elevated to an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1). ``(8) Definitions.--In this subsection: ``(A) Municipal.--The term `municipal' means, with respect to the government of a municipality in the United States, a municipality with a population of not fewer than 100,000 people. ``(B) State.--The term `State' means the 50 States, the District of Columbia, and any territory or possession of the United States. ``(C) Subnational engagement.--The term `subnational engagement' means formal meetings or events between elected officials of State or municipal governments and their foreign counterparts.''. <all>

City and State Diplomacy Act

A bill to establish an Office of City and State Diplomacy within the State Department, and for other purposes.

City and State Diplomacy Act

Sen. Murphy, Christopher

D

CT

This bill establishes within the Department of State the Office of City and State Diplomacy, which shall coordinate federal support for engagement by state and municipal governments with foreign governments. The head of the office shall be the Ambassador-at-Large for City and State Diplomacy, who shall be appointed by the President with the advice and consent of the Senate.

SHORT TITLE. 2. (4) In 2010, the Department of State appointed the first- ever special representative for Global Intergovernmental Affairs, who led efforts to build strategic peer-to-peer relationships between the Department of State, State and local officials, and their foreign counterparts. SENSE OF CONGRESS. SEC. 4. ESTABLISHMENT OF THE OFFICE OF CITY AND STATE DIPLOMACY. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. The Department may use a similar name at its discretion and upon notification to Congress. ``(3) Duties.-- ``(A) Principal duty.--The principal duty of the head of the Office shall be the overall coordination (including policy oversight of resources) of Federal support for subnational engagements by State and municipal governments with foreign governments. ``(ix) Coordinating subnational engagements with the associations of subnational elected leaders, including the United States Conference of Mayors, National Governors Association, National League of Cities, National Association of Counties, Council of State Governments, National Conference of State Legislators, and State International Development Organizations. ``(4) Coordination.--With respect to matters involving trade promotion and inward investment facilitation, the Office shall coordinate with and support the International Trade Administration of the Department of Commerce as the lead Federal agency for trade promotion and facilitation of business investment in the United States. Such details shall be for a period not to exceed two years, and shall be without interruption or loss of status or privilege. ``(B) Responsibilities.--Detailees under subparagraph (A) should carry out the following responsibilities: ``(i) Supporting the mission and objectives of the host subnational government office. ``(ii) Advising State and municipal government officials regarding questions of global affairs, foreign policy, cooperative agreements, and public diplomacy. ``(iii) Coordinating activities relating to State and municipal government subnational engagements with the Department of State, including the Office, Department leadership, and regional and functional bureaus of the Department, as appropriate. ``(ii) The funding level provided to the Office for the Office, together with a justification relating to such level. ``(B) Briefings.--Not later than 30 days after the submission of the report required under subparagraph (A) and annually thereafter, the head of the Office shall brief the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives on the work of the Office and any changes made to the organizational structure or funding of the Office. ``(7) Rule of construction.--Nothing in this subsection may be construed as precluding-- ``(A) the Office from being elevated to a bureau within the Department of State; or ``(B) the head of the Office from being elevated to an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1). ``(B) State.--The term `State' means the 50 States, the District of Columbia, and any territory or possession of the United States.

H.R.3615

Families

Child Care Funds Accountability Act This bill requires the Department of Health and Human Services to monitor and report on compliance with the use of funds for the child care stabilization grants and the Child Care and Development Block Grant program provided by the American Rescue Plan Act of 2021.

To require the Secretary of Health and Human Services to monitor compliance with the requirements of the American Rescue Plan relating to the uses of funds for child care. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Funds Accountability Act''. SEC. 2. MONITORING COMPLIANCE WITH THE REQUIREMENTS OF THE AMERICAN RESCUE PLAN ACT RELATING TO THE USES OF FUNDS FOR CHILD CARE STABILIZATION GRANTS AND THE CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM. Section 2201 of the American Rescue Plan Act of 2021 (Public Law 117-2; March 11, 2021) is amended by adding at the end the following: ``(d) Monitoring Compliance.-- ``(1) In general.--The Secretary shall dedicate such portion of the amounts made available by subsection (b) for Federal administrative costs in carrying out this section as the Secretary determines necessary to monitor compliance with the requirements relating to all uses of funds made available under section 2202 for stabilization grants and under this section for the child care and development block grant program to ensure the integrity of the program, including-- ``(A) compliance with the requirements under subsection (c) and under section 2202(f), and ``(B) to ensure that there is no duplication with loans under the Paycheck Protection Program received by child care providers. ``(2) Report to congress.--Not later than January 1, 2026, the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of compliance reviews under this section.''. <all>

Child Care Funds Accountability Act

To require the Secretary of Health and Human Services to monitor compliance with the requirements of the American Rescue Plan relating to the uses of funds for child care.

Child Care Funds Accountability Act

Rep. Miller-Meeks, Mariannette

R

IA

This bill requires the Department of Health and Human Services to monitor and report on compliance with the use of funds for the child care stabilization grants and the Child Care and Development Block Grant program provided by the American Rescue Plan Act of 2021.

To require the Secretary of Health and Human Services to monitor compliance with the requirements of the American Rescue Plan relating to the uses of funds for child care. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Funds Accountability Act''. SEC. 2. MONITORING COMPLIANCE WITH THE REQUIREMENTS OF THE AMERICAN RESCUE PLAN ACT RELATING TO THE USES OF FUNDS FOR CHILD CARE STABILIZATION GRANTS AND THE CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM. Section 2201 of the American Rescue Plan Act of 2021 (Public Law 117-2; March 11, 2021) is amended by adding at the end the following: ``(d) Monitoring Compliance.-- ``(1) In general.--The Secretary shall dedicate such portion of the amounts made available by subsection (b) for Federal administrative costs in carrying out this section as the Secretary determines necessary to monitor compliance with the requirements relating to all uses of funds made available under section 2202 for stabilization grants and under this section for the child care and development block grant program to ensure the integrity of the program, including-- ``(A) compliance with the requirements under subsection (c) and under section 2202(f), and ``(B) to ensure that there is no duplication with loans under the Paycheck Protection Program received by child care providers. ``(2) Report to congress.--Not later than January 1, 2026, the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of compliance reviews under this section.''. <all>

H.R.2805

Immigration

Protecting the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act of 2021 or the PROTECT Immigration Act of 2021 This bill establishes that the authority to investigate, apprehend, or detain aliens for the purposes of immigration enforcement is limited to immigration officers and authorized Department of Homeland Security employees, except when such authority is provided to other individuals under specified statutes. Specifically, this restriction does not apply in certain instances involving (1) an actual or imminent mass influx of aliens, (2) persons bringing in and harboring aliens in violation of immigration laws, or (3) an alien illegally present in the United States who had previously left or was deported after being convicted of a felony. The bill repeals the authority allowing the Department of Justice to enter into agreements authorizing state or local government employees to perform immigration enforcement functions.

To discontinue a Federal program that authorizes State and local law enforcement officers to investigate, apprehend, and detain aliens in accordance with a written agreement with the Director of U.S. Immigration and Customs Enforcement and to clarify that immigration enforcement is solely a function of the Federal Government. Be it enacted by the Senate 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 the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act of 2021'' or as the ``PROTECT Immigration Act of 2021''. SEC. 2. RESCISSION OF STATE AND LOCAL IMMIGRATION ENFORCEMENT AUTHORITY. Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended to read as follows: ``(g) Except as provided in paragraph (10) of section 103(a), in section 274(c), and in section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c), the authority to inquire about or verify immigration or citizenship status and to investigate, apprehend, arrest, or detain an individual for a violation of this Act or any regulation authorized by this Act is restricted to immigration officers and authorized employees of the Department of Homeland Security and subject to limits set forth in other provisions of law.''. <all>

PROTECT Immigration Act of 2021

To discontinue a Federal program that authorizes State and local law enforcement officers to investigate, apprehend, and detain aliens in accordance with a written agreement with the Director of U.S. Immigration and Customs Enforcement and to clarify that immigration enforcement is solely a function of the Federal Government.

PROTECT Immigration Act of 2021 Protecting the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act of 2021

Rep. Quigley, Mike

D

IL

This bill establishes that the authority to investigate, apprehend, or detain aliens for the purposes of immigration enforcement is limited to immigration officers and authorized Department of Homeland Security employees, except when such authority is provided to other individuals under specified statutes. Specifically, this restriction does not apply in certain instances involving (1) an actual or imminent mass influx of aliens, (2) persons bringing in and harboring aliens in violation of immigration laws, or (3) an alien illegally present in the United States who had previously left or was deported after being convicted of a felony. The bill repeals the authority allowing the Department of Justice to enter into agreements authorizing state or local government employees to perform immigration enforcement functions.

To discontinue a Federal program that authorizes State and local law enforcement officers to investigate, apprehend, and detain aliens in accordance with a written agreement with the Director of U.S. Immigration and Customs Enforcement and to clarify that immigration enforcement is solely a function of the Federal Government. Be it enacted by the Senate 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 the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act of 2021'' or as the ``PROTECT Immigration Act of 2021''. SEC. 2. RESCISSION OF STATE AND LOCAL IMMIGRATION ENFORCEMENT AUTHORITY. Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended to read as follows: ``(g) Except as provided in paragraph (10) of section 103(a), in section 274(c), and in section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c), the authority to inquire about or verify immigration or citizenship status and to investigate, apprehend, arrest, or detain an individual for a violation of this Act or any regulation authorized by this Act is restricted to immigration officers and authorized employees of the Department of Homeland Security and subject to limits set forth in other provisions of law.''. <all>

S.2813

Commerce

Safe Generators Save Lives Act This bill requires the Consumer Product Safety Commission to establish safety standards for portable generators, including requirements related to labeling, minimum cord length, and shutoff capability in an elevated carbon monoxide environment. The commission is authorized to enforce these standards.

To create a mandatory safety standard to require portable generators to meet certain standards relating to carbon monoxide, and for other purposes. Be it enacted by the Senate 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 Generators Save Lives Act''. SEC. 2. MANDATORY PRODUCT SAFETY STANDARD FOR PORTABLE GENERATORS. (a) Final Standard for Portable Generators.-- (1) Mandatory standard.--Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for portable generators to protect consumers from death or injury relating to the use of such generators. (2) Requirements.--The final standard promulgated under paragraph (1) shall incorporate requirements that are substantially the same as each of the following: (A) The requirements of the-- (i) American National Standard for Carbon Monoxide Emission Rate of Portable Generators (ANSI/UL 2201), or any related successor standard, that relate to carbon monoxide concentration limits; or (ii) American National Standard for Safety and Performance of Portable Generators (ANSI/ PGMA G300-2018), or any related successor standard, except where such requirements conflict with any other requirement under this paragraph. (B) A requirement that a portable generator shall include clear and conspicuous labeling marking the direction of exhaust, and a label indicating that portable generators should not be used inside. (C) A requirement that the cord of a portable generator may not be shorter than 30 feet in length. (D) A requirement relating to the shutoff capability of a portable generator in an elevated carbon monoxide environment. (E) Other shutoff requirements and test specifications the Commission determines necessary to protect consumers from the risk of injury relating to the use of portable generators. (3) Compliance dates.--The Commission shall include in the final standard promulgated under paragraph (1) a compliance date that is not later than 1 year after the date of such promulgation, by which portable generators shall comply with the final standard. (4) Review and revision of standard.--Beginning 1 year after the date of the promulgation of the final standard under paragraph (1) and not less frequently than every 5 years thereafter, the Commission shall review and revise such standard to ensure the highest level of safety feasible with respect to portable generators. (5) Treatment of standard.--The final standard promulgated under paragraph (1), including any revision of such standard made pursuant to paragraph (4), shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (b) Violation.--Failure to comply with subsection (a) shall be treated as a violation of section 19 of the Consumer Product Safety Act (15 U.S.C. 2068). <all>

Safe Generators Save Lives Act

A bill to create a mandatory safety standard to require portable generators to meet certain standards relating to carbon monoxide, and for other purposes.

Safe Generators Save Lives Act

Sen. Cassidy, Bill

R

LA

This bill requires the Consumer Product Safety Commission to establish safety standards for portable generators, including requirements related to labeling, minimum cord length, and shutoff capability in an elevated carbon monoxide environment. The commission is authorized to enforce these standards.

To create a mandatory safety standard to require portable generators to meet certain standards relating to carbon monoxide, and for other purposes. Be it enacted by the Senate 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 Generators Save Lives Act''. SEC. 2. MANDATORY PRODUCT SAFETY STANDARD FOR PORTABLE GENERATORS. (a) Final Standard for Portable Generators.-- (1) Mandatory standard.--Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for portable generators to protect consumers from death or injury relating to the use of such generators. (2) Requirements.--The final standard promulgated under paragraph (1) shall incorporate requirements that are substantially the same as each of the following: (A) The requirements of the-- (i) American National Standard for Carbon Monoxide Emission Rate of Portable Generators (ANSI/UL 2201), or any related successor standard, that relate to carbon monoxide concentration limits; or (ii) American National Standard for Safety and Performance of Portable Generators (ANSI/ PGMA G300-2018), or any related successor standard, except where such requirements conflict with any other requirement under this paragraph. (B) A requirement that a portable generator shall include clear and conspicuous labeling marking the direction of exhaust, and a label indicating that portable generators should not be used inside. (C) A requirement that the cord of a portable generator may not be shorter than 30 feet in length. (D) A requirement relating to the shutoff capability of a portable generator in an elevated carbon monoxide environment. (E) Other shutoff requirements and test specifications the Commission determines necessary to protect consumers from the risk of injury relating to the use of portable generators. (3) Compliance dates.--The Commission shall include in the final standard promulgated under paragraph (1) a compliance date that is not later than 1 year after the date of such promulgation, by which portable generators shall comply with the final standard. (4) Review and revision of standard.--Beginning 1 year after the date of the promulgation of the final standard under paragraph (1) and not less frequently than every 5 years thereafter, the Commission shall review and revise such standard to ensure the highest level of safety feasible with respect to portable generators. (5) Treatment of standard.--The final standard promulgated under paragraph (1), including any revision of such standard made pursuant to paragraph (4), shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (b) Violation.--Failure to comply with subsection (a) shall be treated as a violation of section 19 of the Consumer Product Safety Act (15 U.S.C. 2068). <all>

H.R.7775

Health

NAPA Reauthorization Act This bill extends through 2035 and makes other changes to the National Alzheimer's Project. This project supports coordination of federal planning, programs, and other efforts to address Alzheimer's disease and related dementias. In particular, the bill incorporates a focus on promoting healthy aging and reducing risk factors associated with cognitive decline. The bill also expands the membership of the Advisory Council on Alzheimer's Research, Care, and Services to include (1) a researcher with experience recruiting and retaining diverse clinical trial participants, (2) an individual diagnosed with Alzheimer's disease, and (3) representatives from additional federal agencies (e.g., the Department of Justice and the Office of Management and Budget).

To extend the National Alzheimer's Project. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``NAPA Reauthorization Act''. SEC. 2. EXTENSION OF PROJECT. Section 2 of the National Alzheimer's Project Act (42 U.S.C. 11225) is amended-- (1) in subsection (c)-- (A) in paragraph (2), by striking ``and coordination of'' and inserting ``on, and coordination of,''; (B) in paragraph (4)-- (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as so redesignated, the following: ``(A) promotion of healthy aging and reduction of risk factors for Alzheimer's disease;''; (C) in paragraph (5), by striking ``; and'' and inserting a semicolon; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: ``(6) provide information on, and promote the adoption of, healthy behaviors that may reduce the risk of cognitive decline and promote and protect cognitive health; and''; (2) in subsection (d)(2)-- (A) by inserting ``, across public and private sectors,'' after ``Nation's progress''; and (B) by inserting ``, including consideration of public-private collaborations, as appropriate'' before the period; (3) in subsection (e)-- (A) in paragraph (2)-- (i) in subparagraph (A), by adding at the end the following: ``(xi) A designee of the Department of Justice. ``(xii) A designee of the Federal Emergency Management Agency. ``(xiii) A designee of the Social Security Administration. ``(xiv) A designee of the Office of Management and Budget.''; and (ii) in subparagraph (B)-- (I) in clause (v)-- (aa) by striking ``2 researchers'' and inserting ``3 researchers''; and (bb) by striking ``; and'' and inserting ``, including at least one researcher with demonstrated experience in recruitment and retention of diverse cohorts of trial participants;''; (II) in clause (vi), by striking the period and inserting ``; and''; and (III) by adding at the end the following: ``(vii) an individual with a diagnosis of Alzheimer's disease.''; (B) in paragraph (5)-- (i) in subparagraph (A)-- (I) by striking ``an initial evaluation'' and inserting ``annual evaluations''; and (II) by striking ``research, clinical'' and inserting ``research, risk reduction, public health, clinical''; (ii) in subparagraph (B), by striking ``initial''; (iii) in subparagraph (C)-- (I) in the matter preceding clause (i), by striking ``initial''; and (II) in clause (ii), by inserting ``and reduce disparities'' before the semicolon; and (iv) in subparagraph (D), by striking ``annually thereafter, an evaluation'' and inserting ``annual evaluations''; and (C) in paragraph (6), by striking ``2025'' and inserting ``2035''; (4) in subsection (g)(3)(A)(ii), by inserting ``and reduce disparities'' before the semicolon; and (5) in subsection (h), by striking ``2025'' and inserting ``2035''. <all>

NAPA Reauthorization Act

To extend the National Alzheimer's Project.

NAPA Reauthorization Act

Rep. Tonko, Paul

D

NY

This bill extends through 2035 and makes other changes to the National Alzheimer's Project. This project supports coordination of federal planning, programs, and other efforts to address Alzheimer's disease and related dementias. In particular, the bill incorporates a focus on promoting healthy aging and reducing risk factors associated with cognitive decline. The bill also expands the membership of the Advisory Council on Alzheimer's Research, Care, and Services to include (1) a researcher with experience recruiting and retaining diverse clinical trial participants, (2) an individual diagnosed with Alzheimer's disease, and (3) representatives from additional federal agencies (e.g., the Department of Justice and the Office of Management and Budget).

To extend the National Alzheimer's Project. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``NAPA Reauthorization Act''. SEC. 2. EXTENSION OF PROJECT. Section 2 of the National Alzheimer's Project Act (42 U.S.C. 11225) is amended-- (1) in subsection (c)-- (A) in paragraph (2), by striking ``and coordination of'' and inserting ``on, and coordination of,''; (B) in paragraph (4)-- (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as so redesignated, the following: ``(A) promotion of healthy aging and reduction of risk factors for Alzheimer's disease;''; (C) in paragraph (5), by striking ``; and'' and inserting a semicolon; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: ``(6) provide information on, and promote the adoption of, healthy behaviors that may reduce the risk of cognitive decline and promote and protect cognitive health; and''; (2) in subsection (d)(2)-- (A) by inserting ``, across public and private sectors,'' after ``Nation's progress''; and (B) by inserting ``, including consideration of public-private collaborations, as appropriate'' before the period; (3) in subsection (e)-- (A) in paragraph (2)-- (i) in subparagraph (A), by adding at the end the following: ``(xi) A designee of the Department of Justice. ``(xii) A designee of the Federal Emergency Management Agency. ``(xiii) A designee of the Social Security Administration. ``(xiv) A designee of the Office of Management and Budget.''; and (ii) in subparagraph (B)-- (I) in clause (v)-- (aa) by striking ``2 researchers'' and inserting ``3 researchers''; and (bb) by striking ``; and'' and inserting ``, including at least one researcher with demonstrated experience in recruitment and retention of diverse cohorts of trial participants;''; (II) in clause (vi), by striking the period and inserting ``; and''; and (III) by adding at the end the following: ``(vii) an individual with a diagnosis of Alzheimer's disease.''; (B) in paragraph (5)-- (i) in subparagraph (A)-- (I) by striking ``an initial evaluation'' and inserting ``annual evaluations''; and (II) by striking ``research, clinical'' and inserting ``research, risk reduction, public health, clinical''; (ii) in subparagraph (B), by striking ``initial''; (iii) in subparagraph (C)-- (I) in the matter preceding clause (i), by striking ``initial''; and (II) in clause (ii), by inserting ``and reduce disparities'' before the semicolon; and (iv) in subparagraph (D), by striking ``annually thereafter, an evaluation'' and inserting ``annual evaluations''; and (C) in paragraph (6), by striking ``2025'' and inserting ``2035''; (4) in subsection (g)(3)(A)(ii), by inserting ``and reduce disparities'' before the semicolon; and (5) in subsection (h), by striking ``2025'' and inserting ``2035''. <all>

H.R.8174

Foreign Trade and International Finance

Affordable and Accessible Infant Formula Act This bill provides through November 14, 2022, duty-free treatment to infant formula. During this time period, articles of infant formula shall not be subject to (1) any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the Harmonized Tariff Schedule; or (2) any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles. Importers shall provide the applicable and anticipated tariff classifications for articles of infant formula on applicable customs entry documents.

To provide for the temporary duty-free importation of certain infant formula products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable and Accessible Infant Formula Act''. SEC. 2. DUTY-FREE TREATMENT FOR INFANT FORMULA. (a) In General.--Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) is amended by inserting the following new items in numerical sequence: `` .............. Infant formula, ........... ............... ............... put up for retail sale: 9903.19.19 Provided for in Free No change No change On or before 11/ subheading 14/2022....... 1901.10.16, 1901.10.26, 1901.10.36 or 1901.10.44..... 9903.19.20 Provided for in Free No change No change On or before 11/ subheading 14/2022....... 1901.10.29 or 1901.10.49..... .............. Infant formula: ........... ............... ............... 9903.19.21 Provided for in Free No change No change On or before 11/ subheading 14/2022....... 2106.90.94 or 2106.90.97..... 9903.19.22 Provided for in Free No change No change On or before 11/ ''. subheading 14/2022....... 2106.90.99..... (b) Applicability.--The amendments made by subsection (a) shall apply with respect to goods entered or withdrawn from warehouse for consumption during the period beginning on the date of the enactment of this Act and ending on November 14, 2022. (c) Waiver of Other Duties or Safeguards.--Notwithstanding any other provision of law, during the period described in subsection (b), articles of infant formula that are classifiable under any subheading added by the amendments made by subsection (a) shall not be subject to-- (1) any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the HTS; or (2) any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles. (d) Entry Requirements.--In seeking to enter articles of infant formula duty-free under this Act, importers shall provide the applicable tariff classification for such articles under chapter 19 or chapter 21 along with the anticipated tariff classification under subchapter III of chapter 99 (as added by subsection (a)) on applicable customs entry documents. <all>

Affordable and Accessible Infant Formula Act

To provide for the temporary duty-free importation of certain infant formula products, and for other purposes.

Affordable and Accessible Infant Formula Act

Rep. Blumenauer, Earl

D

OR

This bill provides through November 14, 2022, duty-free treatment to infant formula. During this time period, articles of infant formula shall not be subject to (1) any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the Harmonized Tariff Schedule; or (2) any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles. Importers shall provide the applicable and anticipated tariff classifications for articles of infant formula on applicable customs entry documents.

To provide for the temporary duty-free importation of certain infant formula products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable and Accessible Infant Formula Act''. SEC. 2. DUTY-FREE TREATMENT FOR INFANT FORMULA. (a) In General.--Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) is amended by inserting the following new items in numerical sequence: `` .............. Infant formula, ........... ............... ............... put up for retail sale: 9903.19.19 Provided for in Free No change No change On or before 11/ subheading 14/2022....... 1901.10.16, 1901.10.26, 1901.10.36 or 1901.10.44..... 9903.19.20 Provided for in Free No change No change On or before 11/ subheading 14/2022....... 1901.10.29 or 1901.10.49..... .............. Infant formula: ........... ............... ............... 9903.19.21 Provided for in Free No change No change On or before 11/ subheading 14/2022....... 2106.90.94 or 2106.90.97..... 9903.19.22 Provided for in Free No change No change On or before 11/ ''. subheading 14/2022....... 2106.90.99..... (b) Applicability.--The amendments made by subsection (a) shall apply with respect to goods entered or withdrawn from warehouse for consumption during the period beginning on the date of the enactment of this Act and ending on November 14, 2022. (c) Waiver of Other Duties or Safeguards.--Notwithstanding any other provision of law, during the period described in subsection (b), articles of infant formula that are classifiable under any subheading added by the amendments made by subsection (a) shall not be subject to-- (1) any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the HTS; or (2) any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles. (d) Entry Requirements.--In seeking to enter articles of infant formula duty-free under this Act, importers shall provide the applicable tariff classification for such articles under chapter 19 or chapter 21 along with the anticipated tariff classification under subchapter III of chapter 99 (as added by subsection (a)) on applicable customs entry documents. <all>

H.R.1095

Government Operations and Politics

This act designates the facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, as the PFC James Anderson, Jr., Post Office Building.

[117th Congress Public Law 268] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4176]] Public Law 117-268 117th Congress An Act To designate the facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, as the ``PFC James Anderson, Jr., Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 1095]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PFC JAMES ANDERSON, JR., POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, shall be known and designated as the ``PFC James Anderson, Jr., Post Office Building''. (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 ``PFC James Anderson, Jr., Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 1095: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, as the "PFC James Anderson, Jr., Post Office Building".

To designate the facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, as the "PFC James Anderson, Jr., Post Office Building".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, as the "PFC James Anderson, Jr., Post Office Building".

Rep. Barragan, Nanette Diaz

D

CA

This act designates the facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, as the PFC James Anderson, Jr., Post Office Building.

[117th Congress Public Law 268] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4176]] Public Law 117-268 117th Congress An Act To designate the facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, as the ``PFC James Anderson, Jr., Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 1095]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PFC JAMES ANDERSON, JR., POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 101 South Willowbrook Avenue in Compton, California, shall be known and designated as the ``PFC James Anderson, Jr., Post Office Building''. (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 ``PFC James Anderson, Jr., Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 1095: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

S.4682

Congress

Defense Production Oversight Act of 2022 This bill authorizes Congress to nullify the President's invocation of authorities under the Defense Production Act of 1950 by enacting a joint resolution disapproving of the invocation. It also outlines procedures for the consideration of the joint resolution. (The Defense Production Act of 1950 confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.)

To provide for disapproval by Congress of the invocation of authorities under the Defense Production Act of 1950. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Production Oversight Act of 2022''. SEC. 2. CONGRESSIONAL DISAPPROVAL OF INVOCATION OF DEFENSE PRODUCTION ACT OF 1950 AUTHORITIES. Title VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et seq.) is amended by adding at the end the following: ``SEC. 724. CONGRESSIONAL DISAPPROVAL OF INVOCATION OF TITLE I AND III AUTHORITIES. ``(a) In General.--An invocation by the President of authorities under title I or III shall have no force or effect on or after the date of the enactment of a joint resolution of disapproval. ``(b) Joint Resolution of Disapproval Defined.--In this section, the term `joint resolution of disapproval' means a joint resolution the sole matter after the resolving clause of which is as follows: `That Congress disapproves of the invocation by the President of authorities under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) relating to ___.', with the blank space being filled with a brief description of the matter with respect to which the President invoked such authorities. ``(c) Referral.--A joint resolution of disapproval shall be referred to the committees in each House of Congress with jurisdiction. ``(d) Consideration in Senate.-- ``(1) Committee discharge.--In the Senate, if the committee to which is referred a joint resolution of disapproval has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the date on which the President invokes the authorities that are the subject of the joint resolution of disapproval, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. ``(2) Floor consideration.-- ``(A) Proceeding to consideration.--In the Senate, when the committee to which a joint resolution of disapproval is referred has reported, or when a committee is discharged (under paragraph (1)) from further consideration of, a joint resolution of disapproval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. ``(B) Debate.--In the Senate, debate on a joint resolution of disapproval, 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 those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(C) Vote on final passage.--In the Senate, immediately following the conclusion of the debate on a joint resolution of disapproval, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. ``(D) Appeals from decisions of the chair.--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 disapproval shall be decided without debate. ``(3) Time for consideration.--In the Senate, the procedures specified in this subsection shall not apply to the consideration of a joint resolution of disapproval after the expiration of the period of 60 session days beginning on the date on which the President invokes the authorities that are the subject of the joint resolution. ``(e) Consideration of Resolution of Other House.--If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: ``(1) The joint resolution of the other House shall not be referred to a committee. ``(2) With respect to a joint resolution of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``(f) Rules of Senate and House of Representatives.--This section is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is 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 of disapproval, and it supersedes other rules only to the extent that it is 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.''. <all>

Defense Production Oversight Act of 2022

A bill to provide for disapproval by Congress of the invocation of authorities under the Defense Production Act of 1950.

Defense Production Oversight Act of 2022

Sen. Marshall, Roger

R

KS

This bill authorizes Congress to nullify the President's invocation of authorities under the Defense Production Act of 1950 by enacting a joint resolution disapproving of the invocation. It also outlines procedures for the consideration of the joint resolution. (The Defense Production Act of 1950 confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Production Oversight Act of 2022''. SEC. CONGRESSIONAL DISAPPROVAL OF INVOCATION OF DEFENSE PRODUCTION ACT OF 1950 AUTHORITIES. Title VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et seq.) is amended by adding at the end the following: ``SEC. 724. ``(a) In General.--An invocation by the President of authorities under title I or III shall have no force or effect on or after the date of the enactment of a joint resolution of disapproval. relating to ___. ', with the blank space being filled with a brief description of the matter with respect to which the President invoked such authorities. ``(c) Referral.--A joint resolution of disapproval shall be referred to the committees in each House of Congress with jurisdiction. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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. ``(D) Appeals from decisions of the chair.--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 disapproval shall be decided without debate. ``(3) Time for consideration.--In the Senate, the procedures specified in this subsection shall not apply to the consideration of a joint resolution of disapproval after the expiration of the period of 60 session days beginning on the date on which the President invokes the authorities that are the subject of the joint resolution. ``(2) With respect to a joint resolution of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``(f) Rules of Senate and House of Representatives.--This section is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is 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 of disapproval, and it supersedes other rules only to the extent that it is 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.R.9671

Immigration

Stateless Protection Act of 2022 This bill provides protections for stateless persons (a person who is not considered a national of any state by that state's law). For example, the bill establishes stateless protected status, which shall provide protections against deportation and other benefits to certain stateless persons present in the United States who meet certain criteria.

To protect stateless persons in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stateless Protection Act of 2022''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to resolve the status of stateless persons in the United States and to promote their access to fundamental human rights and human dignity; and (2) to prevent statelessness from occurring under United States law or on United States territory. SEC. 3. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The international community has recognized the significance of the right to a nationality in the International Covenant on Civil and Political Rights, done at New York December 16, 1966, to which the United States is a signatory, as well as the Universal Declaration of Human Rights and numerous international treaties, including the Convention Relating to the Status of Stateless Persons, done at New York September 28, 1954, and the Convention on the Reduction of Statelessness, done at New York August 30, 1961. (2) Statelessness is an abhorrent violation of fundamental human rights and human dignity, and a life of statelessness has been recognized by the Supreme Court of the United States as a form of punishment more primitive than torture. (3) Government action and inaction causes statelessness; therefore, governments have the power to resolve and prevent statelessness. (4) The United Nations High Commissioner for Refugees-- (A) is the United Nations agency responsible for preventing and reducing statelessness; and (B) estimates that there are more than 4,200,000 stateless persons worldwide. (5) A 2020 study found that there are approximately 218,000 individuals living in the United States who are stateless or at risk of statelessness. (6) Stateless individuals live in all 50 States, and many such individuals have lived in the United States for years or decades without relief. (7) Despite the presence of stateless persons in the United States, there is no law relating to the identification of stateless persons in the United States or to provide them with a path to legal status. (8) Stateless persons generally-- (A) live without the means to work legally or to travel; and (B) face barriers in opening bank accounts, pursuing higher education, and obtaining health care. (9) If detained for removal from the United States, a stateless person is often subjected to prolonged detention and cannot be removed because no country recognizes the person as its citizen. (b) Sense of Congress.--It is the sense of Congress that to resolve statelessness and its related human suffering, lost potential, and societal impacts, the United States should-- (1) provide a legal status to protect stateless persons; and (2) urge the international community to take strong action to prevent statelessness globally. SEC. 4. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES. (a) In General.--Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following: ``SEC. 245B. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES. ``(a) Definitions.--In this section: ``(1) Competent authority.--With respect to a foreign country, the term `competent authority'-- ``(A) means the authority responsible for-- ``(i) conferring nationality on, or withdrawing nationality from, individuals; or ``(ii) in the case of nationality having been acquired or withdrawn automatically, clarifying the nationality status of an individual; and ``(B) includes a Federal, local, or regional government entity, a consular official, and a government official at any level, notwithstanding any process by which a decision by such an entity or official may later be overridden. ``(2) National; nationality.--The terms `national' and `nationality'-- ``(A) refer to a formal link, of a political and legal character, between an individual and a country; and ``(B) do not include the concept of nationality relating to membership in a religious, linguistic, or ethnic group. ``(3) Noncitizen.--The term `noncitizen' has the meaning given the term `alien' in section 101(a). ``(4) Operation of law; operation of its law.--The terms `operation of law' and `operation of its law'-- ``(A) refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and ``(B) include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative. ``(5) Relevant association.--The term `relevant association' means a natural person's connection to a country through-- ``(A) birth on the territory of the country; ``(B) descent from 1 or more individuals who are nationals of the country; ``(C) marriage to an individual who is a national of the country; ``(D) adoption by an individual who is a national of the country; or ``(E) habitual residence in the country. ``(6) Stateless person.--The term `stateless person' means an individual who is not considered as a national by any state under the operation of its law. ``(b) Mechanisms for Regularizing the Status of Stateless Persons.-- ``(1) Stateless protected status.-- ``(A) Principal applicants.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who-- ``(i) is a stateless person present in the United States; ``(ii) applies for such relief; ``(iii) has not formally renounced his or her nationality as a result of voluntary, affirmative, and intentional action after arrival in the United States and after the date of the enactment of this section, unless the renunciation was the result of duress, coercion, or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship; and ``(iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and ``(v) is not described in section 241(b)(3)(B)(i). ``(B) Treatment of spouse and children.-- Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who-- ``(i) is the spouse or child of a noncitizen described in subparagraph (A), if such spouse or child is not otherwise eligible for admission under that subparagraph; ``(ii) is accompanying, or following to join, such noncitizen; ``(iii) established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status; ``(iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and ``(v) is not described in section 241(b)(3)(B)(i). ``(C) Stateless protected status.--Noncitizens with stateless protected status-- ``(i) shall-- ``(I) receive relevant protections against deportation, removal, and detention, as described in paragraph (3); ``(II) be authorized for employment, as described in paragraph (4); and ``(III) be eligible to apply for a travel document, as described in paragraph (5); and ``(ii) shall not face limitations from immigration enforcement officials on their domestic travel. ``(D) Concurrent grant of lawful permanent residence.-- ``(i) In general.--Except as provided in clause (ii), notwithstanding any other provision of law, immediately on granting stateless protected status to a noncitizen, the Secretary of Homeland Security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence. ``(ii) Exception.--The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). ``(2) Waivers.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security may, for humanitarian purposes, in the interests of access to fundamental or enabling rights, to ensure family unity, or when it is otherwise in the public interest, waive the operation of the grounds of inadmissibility set forth in paragraphs (2) and (3) of section 212(a), for relief under this section. ``(B) Factors.--In making a determination under subparagraph (A), the Secretary of Homeland Security shall consider all relevant factors, including-- ``(i) mitigating and aggravating factors of the basis for inadmissibility; ``(ii) the duration of the noncitizen's residence in the United States; and ``(iii) the degree to which the noncitizen's removal, or denial of the noncitizen's application, would adversely affect the noncitizen or the noncitizen's United States citizen or lawful permanent resident family members. ``(3) Release from post-removal detention.--A grant of stateless protected status under this section shall-- ``(A) trigger immediate release of an individual from post-removal detention; ``(B) be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future; and ``(C) establish a presumption that travel documents are not available for the individual. ``(4) Employment authorization.-- ``(A) In general.--An individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than 5 years. ``(B) Pending application.-- ``(i) In general.--During the 150-day period after the date on which an application for status under this section is submitted, the Secretary of Homeland Security may authorize the applicant to engage in employment in the United States. ``(ii) Mandatory employment authorization.--If the Secretary of Homeland Security has not issued a decision within the 150-day period beginning on the date on which an application for status under this section is submitted, the Secretary of Homeland Security shall authorize the applicant to engage in employment in the United States until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status. ``(5) Travel documents.-- ``(A) In general.--On request, the Secretary of Homeland Security shall provide to any noncitizen granted relief under this section, a travel document that facilitates the noncitizen's ability to travel abroad and to be admitted to the United States upon return. ``(B) Validity.--The minimum period of validity for a document issued under subparagraph (A) shall be 10 years. ``(6) Naturalization.--Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. ``(c) Evidentiary Matters.-- ``(1) In general.--In determining if an individual is a stateless person under this section, the Secretary of Homeland Security shall consider and obtain any credible evidence relevant to the application, including information from-- ``(A) the Department of State, particularly the Bureau of Population, Refugees, and Migration and the Bureau of Democracy, Human Rights, and Labor; and ``(B) relevant international and foreign bodies, such as the United Nations High Commissioner for Refugees, nongovernmental organizations, and the competent authorities of other countries. ``(2) Designation of specific groups of stateless persons.--The Secretary of Homeland Security, in consultation with the Secretary of State, may designate 1 or more specific groups of individuals who shall be considered stateless persons for purposes of this section, and a noncitizen who belongs to a group so designated shall be considered a stateless person. ``(3) Burden of proof.--The burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the Secretary of Homeland Security and the applicant. ``(4) Standard of proof.-- ``(A) In general.--A noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term `stateless person' under this section. ``(B) Assessment of nationality.--The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. ``(5) Submission of documentary evidence.-- ``(A) Supporting documents from applicant.--An applicant for relief under this section shall submit, as part of the application for such relief-- ``(i) a full and truthful account, to the best of the noncitizen's knowledge, of such noncitizen's legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and ``(ii) all evidence reasonably available, including any valid or expired travel document. ``(B) Evidence available to secretary of homeland security.--The Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge and the applicant or, as applicable, the applicant's counsel, all available evidence regarding the legal status of the applicant in the applicant's country of birth or prior residence or any country to which the applicant has a relevant association, including information on the relevant laws and practices of the countries concerned. ``(C) Consideration of response.--The Secretary of Homeland Security may consider as substantial evidence that an individual is not considered by a country to be a national of the country the following: ``(i) After 120 days have elapsed after the Secretary of Homeland Security has requested information from the country with respect to the nationality status of the individual, the lack of response from the competent authority of the country. ``(ii) A pro forma response from the country that lacks an application of the law or facts to the particular individual. ``(iii) The refusal of the country to accept the individual for deportation or removal. ``(d) Fees.--The Secretary of Homeland Security may not charge a noncitizen any fee in connection with an application for, or issuance of, lawful status under this section, employment authorization, or travel documents. ``(e) Jurisdiction and Review.-- ``(1) In general.--The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section. ``(2) Review.--A denial by the Secretary of Homeland Security of an application for relief under this section shall be subject to review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services. ``(f) Effect on Removal Proceedings.--With respect to a noncitizen in removal proceedings who files an application for relief under this section, the Attorney General shall postpone the removal proceedings pending the adjudication of the application. ``(g) Applicants With Final Orders of Removal.-- ``(1) Motions to reopen.-- ``(A) In general.--A noncitizen whose removal, deportation, or exclusion proceedings were concluded before the date of the enactment of this section, and who is eligible for relief under this section, may file 1 motion to reopen proceedings to apply for such relief not later than 1 year after the date of the enactment of this section. ``(B) Effect of limitations.--A time or numerical limitation on motions to reopen removal, deportation, or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts, or on changed facts or circumstances, including a discovery by a noncitizen that the noncitizen may be a stateless person. ``(2) Stay of removal.-- ``(A) In general.--An applicant for relief under this section who has been issued a final order of removal, deportation, or exclusion may request a stay of removal, deportation, or exclusion. ``(B) Consideration of request.--With respect to an individual who requests a stay under subparagraph (A), if the Secretary of Homeland Security determines that the application for relief is bona fide, the Secretary shall automatically stay the execution of the final order of deportation, exclusion, or removal, and the stay will remain in effect until a final decision is made on the applications. ``(C) Effect of denial.--If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. ``(3) Termination.--On the grant of an application for relief under this section to a noncitizen with a final order of removal, deportation, or exclusion, the final order shall be deemed canceled by operation of law as of the date of the approval. ``(h) Exclusion From Numerical Limitations.--Individuals provided status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4). ``(i) Rule of Construction.--Nothing in this section may be construed to authorize or require the admission of any noncitizen to the United States. ``(j) Reports.-- ``(1) In general.--Not later than 120 days after the date of the enactment of this section, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on-- ``(A) the number of applications submitted under each of paragraphs (1), (4), and (5) of subsection (b) since the date of the enactment of this section, disaggregated by the country of birth of the applicants; and ``(B) average timelines for processing each such application. ``(2) Public availability.--The Secretary of Homeland Security shall publish each report submitted under paragraph (1) on the internet website of the Department of Homeland Security, respectively. ``(k) Publication of Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish all policy manuals, guidance, and application instructions relating to applications under this section on the internet website of the Department of Homeland Security. ``(l) Regulations.--The Secretary of Homeland Security may issue such regulations as the Secretary of Homeland Security considers appropriate to carry out this section.''. (b) Technical and Conforming Amendments.-- (1) Table of contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 245A the following: ``Sec. 245B. Protection of stateless persons in the United States.''. (2) Exception for unlawful presence of stateless persons.-- Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following: ``(V) Stateless persons.--Clause (i) shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)).''. SEC. 5. PREVENTION OF STATELESSNESS. (a) Births to United States Citizens Overseas.--Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended-- (1) in subsection (g), by striking ``; and'' and inserting a semicolon; (2) in subsection (h), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(i) a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)).''. (b) Foundlings.--Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is further amended by striking subsection (f) and inserting the following: ``(f) a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States;''. (c) Stateless Safeguards for Derivative Citizenship and International Adoptions.-- (1) Stateless safeguards.--Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended by adding at the end the following: ``(e)(1) Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled: ``(A) One parent is or was a citizen of the United States. ``(B) The person was adopted by-- ``(i) a citizen of the United States; or ``(ii) an individual who became a citizen of the United States after the date of such adoption. ``(2) This subsection applies to any person who meets the criteria under paragraph (1) at any time.''. (2) Age.--Section 320(a) of the Immigration and Nationality Act (8 U.S.C. 1431(a)) is amended by striking paragraph (2) and inserting the following: ``(2) The child is under the age of 21 years.''. (3) Entry and custody.--Section 320(a) of the Immigration and Nationality Act (8 U.S.C. 1431(a)) is further amended by striking paragraph (3) and inserting the following: ``(3) The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent.''. (d) Programs To Prevent Statelessness.--The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include-- (1) an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness; (2) studies on the profiles and number of stateless people living in the United States; (3) programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes; (4) programs to encourage other countries to establish stateless status determination and protection legislation; and (5) grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness. <all>

Stateless Protection Act of 2022

To protect stateless persons in the United States, and for other purposes.

Stateless Protection Act of 2022

Rep. Raskin, Jamie

D

MD

This bill provides protections for stateless persons (a person who is not considered a national of any state by that state's law). For example, the bill establishes stateless protected status, which shall provide protections against deportation and other benefits to certain stateless persons present in the United States who meet certain criteria.

2. PURPOSES. 3. FINDINGS; SENSE OF CONGRESS. 4. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES. ``(4) Operation of law; operation of its law.--The terms `operation of law' and `operation of its law'-- ``(A) refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and ``(B) include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative. ``(ii) Exception.--The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). ``(6) Naturalization.--Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. ``(B) Assessment of nationality.--The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. ``(5) Submission of documentary evidence.-- ``(A) Supporting documents from applicant.--An applicant for relief under this section shall submit, as part of the application for such relief-- ``(i) a full and truthful account, to the best of the noncitizen's knowledge, of such noncitizen's legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and ``(ii) all evidence reasonably available, including any valid or expired travel document. ``(iii) The refusal of the country to accept the individual for deportation or removal. ``(e) Jurisdiction and Review.-- ``(1) In general.--The Director of U.S. Citizenship and Immigration Services. ``(C) Effect of denial.--If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. ``(h) Exclusion From Numerical Limitations.--Individuals provided status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4). 245B. SEC. 5. PREVENTION OF STATELESSNESS. (a) Births to United States Citizens Overseas.--Section 301 of the Immigration and Nationality Act (8 U.S.C. 1431(a)) is amended by striking paragraph (2) and inserting the following: ``(2) The child is under the age of 21 years.''.

H.R.8480

International Affairs

Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act or the Turn OFF THE TAP Act

To prohibit the provision of Federal funds to certain entities subject to sanctions imposed by the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act'' or the ``Turn OFF THE TAP Act''. SEC. 2. PROHIBITION ON PROVIDING FEDERAL FUNDS TO CERTAIN ENTITIES SUBJECT TO SANCTIONS IMPOSED BY THE UNITED STATES. (a) Prohibition on Federal Contracts.--The head of an executive agency may not enter into, renew, or extend a contract with a covered entity. (b) Prohibition on Provision of Federal Funds.--No amounts provided by the Federal Government to any entity may be used by that entity to purchase goods or services from, invest in, enter into contract with, or otherwise provide funding to a covered entity. (c) Definitions.--In this section: (1) Covered entity.--The term ``covered entity'' means any of the following: (A) An entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the ``SDN list''). (B) An entity on the Non-SDN Chinese Military- Industrial Complex Companies List-- (i) established pursuant to Executive Order 13959 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of this Act; and (ii) maintained by the Office of Foreign Assets Control. (C) A Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note). (D) An entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (E) An entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601). (F) Any entity that is owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (E). (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. <all>

Turn OFF THE TAP Act

To prohibit the provision of Federal funds to certain entities subject to sanctions imposed by the United States.

Turn OFF THE TAP Act Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act

Rep. Tenney, Claudia

R

NY

Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act or the Turn OFF THE TAP Act

To prohibit the provision of Federal funds to certain entities subject to sanctions imposed by the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act'' or the ``Turn OFF THE TAP Act''. SEC. 2. PROHIBITION ON PROVIDING FEDERAL FUNDS TO CERTAIN ENTITIES SUBJECT TO SANCTIONS IMPOSED BY THE UNITED STATES. (a) Prohibition on Federal Contracts.--The head of an executive agency may not enter into, renew, or extend a contract with a covered entity. (b) Prohibition on Provision of Federal Funds.--No amounts provided by the Federal Government to any entity may be used by that entity to purchase goods or services from, invest in, enter into contract with, or otherwise provide funding to a covered entity. (c) Definitions.--In this section: (1) Covered entity.--The term ``covered entity'' means any of the following: (A) An entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the ``SDN list''). (B) An entity on the Non-SDN Chinese Military- Industrial Complex Companies List-- (i) established pursuant to Executive Order 13959 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of this Act; and (ii) maintained by the Office of Foreign Assets Control. (C) A Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note). (D) An entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (E) An entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601). (F) Any entity that is owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (E). (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. <all>

H.R.5855

Public Lands and Natural Resources

North Dakota Trust Lands Completion Act This bill authorizes the Department of the Interior to exchange, at the election of North Dakota, certain federal land for certain state land of substantially equal value. Specifically, if North Dakota elects to relinquish a parcel of state land located wholly or partially within the boundaries of any Indian reservation or the Little Missouri National Grassland in North Dakota, the bill authorizes North Dakota to select one or more parcels of federal land of substantially equivalent value within that state. No later than 60 days after Interior approves North Dakota's selection of federal land, Interior shall initiate the actions necessary to convey the federal land to the state. As consideration for the conveyance of the federal land, North Dakota shall concurrently relinquish and convey the state land to Interior or, for a parcel that is located wholly or partially within the boundaries of the grassland, to the Department of Agriculture. Land conveyed to Interior that is within the boundaries of a reservation becomes part of the reservation on request of the tribe.

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``North Dakota Trust Lands Completion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1889, Congress enacted the North Dakota Enabling Act ``to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States''; (2) section 10 of the North Dakota Enabling Act (25 Stat. 679, chapter 180)-- (A) with certain exceptions, granted sections 16 and 36 in every township to the new States of North Dakota, South Dakota, Montana, and Washington ``for the support of common schools''; and (B) in cases where portions of sections 16 and 36 had been reserved, granted, or sold prior to those States attaining statehood, authorized indemnity or ``in lieu'' selections; (3) the State of North Dakota was granted land and minerals totaling more than 2,500,000 acres under the North Dakota Enabling Act; (4) the North Dakota Enabling Act provided further land grants to the State of North Dakota for the support of colleges, universities, the State capitol, and other public institutions; (5) prior to the enactment of the North Dakota Enabling Act, the United States, through treaties and Executive orders, including the Treaty between the United States of America and the Mandan, Hidatsa, Arikara, and other Tribal Nations, made and concluded at Fort Laramie September 17, 1851 (11 Stat. 749), the Treaty between the United States of America and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made and concluded at Washington February 19, 1867 (15 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. 635), and the Executive order of April 12, 1870, established several reservations of land for multiple Indian Tribes located in the State of North Dakota; (6) established in 1960, the Little Missouri National Grasslands-- (A) occupies more than 1,028,000 acres of land in western North Dakota; and (B) encompasses approximately 108,840 surface acres and 149,073 mineral acres of State land grant parcels within its boundaries; (7) authorizing the State to relinquish the State land grant parcels located within the reservations and the Grasslands and to select other Federal land or minerals in lieu of the relinquished State land grant parcels will-- (A) fulfill the promise of land and minerals to the State; (B) provide to Indian Tribes greater Tribal sovereignty and control of land and minerals within the reservations; and (C) provide for greater conservation and preservation of the Grasslands; and (8) Congress should authorize the State-- (A) to relinquish the land and minerals located within the reservations and the Grasslands; and (B) to select in lieu of the relinquished land other Federal land or minerals in the State of North Dakota of equal value. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (3) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 676, chapter 180). (4) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (5) Reservation.--The term ``reservation'' means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. (8) State land grant parcel.--The term ``State land grant parcel'' means-- (A) a parcel of land granted to the State of North Dakota by Congress-- (i) on statehood; or (ii) through a grant pursuant to the North Dakota Enabling Act; (B) a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes; (C) a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and (D) a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood. (9) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. (B) Exclusions.--The term ``unappropriated Federal land'' does not include-- (i) surface interests acquired by the Bureau of Land Management; (ii) any area of critical environmental concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)); or (iii) land that is-- (I) withdrawn from public entry; (II) located within a unit of the National Park System; (III) located within any reservation; (IV) located within-- (aa) T. 147 N., R. 95 W.; (bb) T. 148 N., R. 95 W.; (cc) T. 148 N., R. 96 W.; or (dd) T. 149 N., R. 95 W.; (V) located within a United States military reservation; or (VI) designated by Congress or the President for conservation purposes. SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. (a) Relinquishment and Selection.-- (1) In general.--If the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation or the Grasslands, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. (2) Approval.--Not later than 90 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection. (b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. (B) Requirements.--Conveyance of Federal land by the Secretary under this Act-- (i) shall be by clear list, patent, or deed acceptable to the State; and (ii) shall not be considered a sale, exchange, or conveyance under section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1715, 1716, 1719). (2) Relinquishment and conveyance by state.-- (A) In general.--As consideration for the conveyance of Federal land under paragraph (1), on the date on which the Federal land is conveyed to the State, the State-- (i) shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1); or (ii) in the case of a State land grant parcel identified for relinquishment under subsection (a)(1) that is a located wholly or partially within the boundaries of the Grasslands, shall relinquish and convey to the Secretary of Agriculture all right, title, and interest of the State in and to the State land grant parcel. (B) Clear title.--The State shall convey to the Secretary clear title to all parcels relinquished under subparagraph (A). (C) Limitation.--Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715, 1716). (c) Succession to Rights and Obligations.--Each party to which land is conveyed under this Act shall succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject. (d) Management After Relinquishment.-- (1) Grasslands.--All State land grant parcels relinquished by the State and conveyed to the Secretary of Agriculture under this Act and located within the Grasslands shall become part of, and be managed as part of, the Grasslands. (2) Reservation.--If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be-- (A) taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and (B) considered to be a part of the reservation of the Indian Tribe. (3) Consultation required.--Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments). (e) Special Rules for Mineral Land.-- (1) Definition of unappropriated federal land subject to a lease or permit.--In this subsection, the term ``unappropriated Federal land subject to a lease or permit'' means unappropriated Federal land subject to a mineral lease or permit that is-- (A) issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) in a producing or producible status during the 10-year period following the date of enactment of this Act. (2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) such a selection shall not include any portion of the mineral lease or permit. (3) Conveyance of mineral estate.-- (A) In general.--If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State-- (i) the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. (D) No relinquishment.--If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under subparagraph (A), the relinquishment of land under subparagraph (B) shall have no effect. (E) Rights-of-way; other interest.--On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. (F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). (f) Withdrawal.-- (1) In general.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. SEC. 5. VALUATION. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. (d) Low Value Parcels.-- (1) In general.--The Secretary, with the consent of the State, may use mass appraisals, a summary appraisal, or a statement of value made by a qualified appraiser carried out in accordance with the Uniform Standards for Professional Appraisal Practice to determine the value of a State land grant parcel or a parcel of Federal land to be conveyed under this Act instead of an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions if the State and the Secretary agree that market value of the State land grant parcel or parcel of Federal land, as applicable, is-- (A) less than $500,000; and (B) less than $500 per acre. (2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). (e) Ledger Accounts.-- (1) In general.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a ledger account to make equal the value. (2) Imbalances.--A ledger account described in paragraph (1) shall reflect imbalances in value to be reconciled in a subsequent transaction. (3) Account balancing.--Each ledger account described in paragraph (1) shall be-- (A) balanced not later than 3 years after the date on which the ledger account is established; and (B) closed not later than 5 years after the date of the last conveyance of land under this Act. (4) Costs.-- (A) In general.--The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party. (B) Adjustment.--If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. (5) Mineral land.--If value is attributed to any parcel of Federal land that has been selected by the State because of the presence of minerals under a lease entered into under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is in a producing or producible status, and the lease is to be conveyed under this Act, the value of the parcel shall be reduced by the amount that represents the likely Federal revenue sharing obligation under the Mineral Leasing Act (30 U.S.C. 181 et seq.) with the State, but the adjustment shall not be considered as reflecting a property right of the State. SEC. 6. MISCELLANEOUS. (a) In General.--Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law. (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. (2) Land or minerals held in trust.--Nothing in this Act affects-- (A) land or minerals held in trust by the United States as of the date of enactment of this Act on behalf of, and for the benefit of, any Indian Tribe; or (B) any individual Indian allotment. (c) Hazardous Materials.-- (1) In general.--The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. (B) State land grant parcels.--Prior to completing a conveyance of a State land grant parcel under this Act, the State shall complete an inspection and a hazardous materials certification of the land to be conveyed. (d) Grazing Permits.-- (1) In general.--If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the Secretary of Agriculture, or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements. (2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (B) Base properties.--If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (C) Range improvements.--Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. SEC. 7. SAVINGS CLAUSE. Nothing in this Act applies to or impacts the ownership of any land or mineral resources. <all>

North Dakota Trust Lands Completion Act

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes.

North Dakota Trust Lands Completion Act

Rep. Armstrong, Kelly

R

ND

This bill authorizes the Department of the Interior to exchange, at the election of North Dakota, certain federal land for certain state land of substantially equal value. Specifically, if North Dakota elects to relinquish a parcel of state land located wholly or partially within the boundaries of any Indian reservation or the Little Missouri National Grassland in North Dakota, the bill authorizes North Dakota to select one or more parcels of federal land of substantially equivalent value within that state. No later than 60 days after Interior approves North Dakota's selection of federal land, Interior shall initiate the actions necessary to convey the federal land to the state. As consideration for the conveyance of the federal land, North Dakota shall concurrently relinquish and convey the state land to Interior or, for a parcel that is located wholly or partially within the boundaries of the grassland, to the Department of Agriculture. Land conveyed to Interior that is within the boundaries of a reservation becomes part of the reservation on request of the tribe.

SHORT TITLE. 2. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (5) Reservation.--The term ``reservation'' means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 1715, 1716). ); and (B) such a selection shall not include any portion of the mineral lease or permit. 181 et seq. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. 5. VALUATION. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. SEC. 7.

H.R.8458

Crime and Law Enforcement

This bill requires the Department of Justice to specify that the definition of the term injury in a regulation for the Public Safety Officers' Benefits program specifically includes radiation exposure at a clandestine laboratory.

To ensure eligibility for public safety officer death benefits for officers exposed to radiation at clandestine laboratories, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ENSURING PUBLIC SAFETY OFFICER DEATH BENEFITS FOR OFFICERS EXPOSED TO RADIATION AT CLANDESTINE LABORATORIES. Not later than 30 days after the date of enactment of this Act, the Attorney General shall clarify the definition of the term ``injury'' in section 32.3 of title 28, Code of Federal Regulations, to specifically include radiation exposure at a clandestine laboratory. <all>

To ensure eligibility for public safety officer death benefits for officers exposed to radiation at clandestine laboratories, and for other purposes.

To ensure eligibility for public safety officer death benefits for officers exposed to radiation at clandestine laboratories, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To ensure eligibility for public safety officer death benefits for officers exposed to radiation at clandestine laboratories, and for other purposes.

Rep. Owens, Burgess

R

UT

This bill requires the Department of Justice to specify that the definition of the term injury in a regulation for the Public Safety Officers' Benefits program specifically includes radiation exposure at a clandestine laboratory.

To ensure eligibility for public safety officer death benefits for officers exposed to radiation at clandestine laboratories, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ENSURING PUBLIC SAFETY OFFICER DEATH BENEFITS FOR OFFICERS EXPOSED TO RADIATION AT CLANDESTINE LABORATORIES. Not later than 30 days after the date of enactment of this Act, the Attorney General shall clarify the definition of the term ``injury'' in section 32.3 of title 28, Code of Federal Regulations, to specifically include radiation exposure at a clandestine laboratory. <all>

H.R.7524

Armed Forces and National Security

Aviator Cancer Examination Study Act or the ACES Act This bill requires the Department of Veterans Affairs to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to study the incidence and mortality of cancer among individuals who served in the regular or reserve components of the Navy, Air Force, or Marine Corps as air crew members of a fixed-wing aircraft or personnel supporting generation of such an aircraft.

To direct the Secretary of Veterans Affairs to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to study the incidence and mortality of cancer among individuals who served in the Navy, Air Force, or Marine Corps as aircrew. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviator Cancer Examination Study Act'' or the ``ACES Act''. SEC. 2. STUDY ON INCIDENCE AND MORTALITY OF CANCER AMONG AIRCREW OF THE NAVY, AIR FORCE, AND MARINE CORPS. (a) Study.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a study of the incidence and mortality of cancers among covered individuals. (b) Matters Included.--The study under subsection (a) shall include the following: (1) Identification of chemicals, compounds, agents, and other phenomena that cause elevated cancer incidence and mortality risks among covered individuals, including a nexus study design to determine whether there is a scientifically established causal link between such a chemical, compound, agent, or other phenomena and such cancer incidence or mortality risk. (2) An assessment of not fewer than 10 types of cancer that are of the greatest concern with respect to exposure by covered individuals to the chemicals, compounds, agents, and other phenomena identified under paragraph (1), which may include colon and rectum cancers, pancreatic cancer, melanoma skin cancer, prostate cancer, testis cancer, urinary bladder cancer, kidney cancer, brain cancer, thyroid cancer, lung cancer, and non-Hodgkin lymphoma. (3) A review of all available sources of relevant data, including health care databases of the Department of Veterans Affairs and the Department of Defense and the national death index, and the study conducted under section 750 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3716). (c) Submission.-- (1) Study.--Upon completion of the study under subsection (a), the National Academies shall submit to the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of the Navy, the Secretary of the Air Force, and the Committees on Veterans' Affairs of the House of Representatives and the Senate the study. (2) Report.--Not later than December 31, 2025, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the study under subsection (a), including-- (A) the specific actions the Secretary is taking to ensure that the study informs the evaluation of disability claims made to the Secretary, including with respect to providing guidance to claims examiners and revising the schedule of ratings for disabilities under chapter 11 of title 38, United States Code; and (B) any recommendations of the Secretary. (3) Form.--The report under paragraph (2) shall be submitted in unclassified form. (d) Covered Individual Defined.--In this section, the term ``covered individual'' means an individual who served in the regular or reserve components of the Navy, Air Force, or Marine Corps, as an air crew member of a fixed-wing aircraft or personnel supporting generation of the aircraft, including pilots, navigators, weapons systems operators, aircraft system operators, personnel associated with aircraft maintenance, supply, logistics, fuels, or transportation, and any other crew member who regularly flew in an aircraft or was required to complete the mission of the aircraft. <all>

ACES Act

To direct the Secretary of Veterans Affairs to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to study the incidence and mortality of cancer among individuals who served in the Navy, Air Force, or Marine Corps as aircrew.

ACES Act Aviator Cancer Examination Study Act

Rep. Pfluger, August

R

TX

This bill requires the Department of Veterans Affairs to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to study the incidence and mortality of cancer among individuals who served in the regular or reserve components of the Navy, Air Force, or Marine Corps as air crew members of a fixed-wing aircraft or personnel supporting generation of such an aircraft.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviator Cancer Examination Study Act'' or the ``ACES Act''. SEC. 2. STUDY ON INCIDENCE AND MORTALITY OF CANCER AMONG AIRCREW OF THE NAVY, AIR FORCE, AND MARINE CORPS. (a) Study.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a study of the incidence and mortality of cancers among covered individuals. (b) Matters Included.--The study under subsection (a) shall include the following: (1) Identification of chemicals, compounds, agents, and other phenomena that cause elevated cancer incidence and mortality risks among covered individuals, including a nexus study design to determine whether there is a scientifically established causal link between such a chemical, compound, agent, or other phenomena and such cancer incidence or mortality risk. (3) A review of all available sources of relevant data, including health care databases of the Department of Veterans Affairs and the Department of Defense and the national death index, and the study conducted under section 750 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3716). (c) Submission.-- (1) Study.--Upon completion of the study under subsection (a), the National Academies shall submit to the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of the Navy, the Secretary of the Air Force, and the Committees on Veterans' Affairs of the House of Representatives and the Senate the study. (2) Report.--Not later than December 31, 2025, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the study under subsection (a), including-- (A) the specific actions the Secretary is taking to ensure that the study informs the evaluation of disability claims made to the Secretary, including with respect to providing guidance to claims examiners and revising the schedule of ratings for disabilities under chapter 11 of title 38, United States Code; and (B) any recommendations of the Secretary. (3) Form.--The report under paragraph (2) shall be submitted in unclassified form. (d) Covered Individual Defined.--In this section, the term ``covered individual'' means an individual who served in the regular or reserve components of the Navy, Air Force, or Marine Corps, as an air crew member of a fixed-wing aircraft or personnel supporting generation of the aircraft, including pilots, navigators, weapons systems operators, aircraft system operators, personnel associated with aircraft maintenance, supply, logistics, fuels, or transportation, and any other crew member who regularly flew in an aircraft or was required to complete the mission of the aircraft.

S.177

Public Lands and Natural Resources

Cerro de la Olla Wilderness Establishment Act This bill designates specified federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising 13,098 acres in the Rio Grande del Norte National Monument, to be known as the Cerro de la Olla Wilderness. The Department of the Interior shall enter into a cooperative agreement with New Mexico that specifies, subject to certain prohibition provisions under the Wilderness Act, the terms and conditions under which wildlife management activities in the wilderness may be carried out. Subject to such agreement and such prohibition provisions, Interior may authorize the maintenance of any existing structure or facility for wildlife water development projects (including guzzlers) in the wilderness, if The bill modifies the boundary of the monument.

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cerro de la Olla Wilderness Establishment Act''. SEC. 2. DESIGNATION OF CERRO DE LA OLLA WILDERNESS. (a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. 651) is amended-- (1) in the section heading, by striking ``cerro del yuta and rio san antonio'' and inserting ``rio grande del norte national monument''; (2) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) Map.--The term `map' means-- ``(A) for purposes of subparagraphs (A) and (B) of subsection (b)(1), the map entitled `Rio Grande del Norte National Monument Proposed Wilderness Areas' and dated July 28, 2015; and ``(B) for purposes of subsection (b)(1)(C), the map entitled `Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary' and dated January 28, 2021 April 25, 2022.''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 13,098 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'.''; (B) in paragraph (4), in the matter preceding subparagraph (A), by striking ``this Act'' and inserting ``this Act (including a reserve common grazing allotment)''; (B)(C) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C)(D) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (b) Clerical Amendment.--The table of contents for the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9; 133 Stat. 581) is amended by striking the item relating to section 1202 and inserting the following: ``Sec. 1202. Rio Grande del Norte National Monument Wilderness Areas.''. SEC. 3. RIO GRANDE DEL NORTE NATIONAL MONUMENT BOUNDARY MODIFICATION. The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021 April 25, 2022. Calendar No. 494 117th CONGRESS 2d Session S. 177 [Report No. 117-151] _______________________________________________________________________

Cerro de la Olla Wilderness Establishment Act

A bill to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument.

Cerro de la Olla Wilderness Establishment Act Cerro de la Olla Wilderness Establishment Act

Sen. Heinrich, Martin

D

NM

This bill designates specified federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising 13,098 acres in the Rio Grande del Norte National Monument, to be known as the Cerro de la Olla Wilderness. The Department of the Interior shall enter into a cooperative agreement with New Mexico that specifies, subject to certain prohibition provisions under the Wilderness Act, the terms and conditions under which wildlife management activities in the wilderness may be carried out. Subject to such agreement and such prohibition provisions, Interior may authorize the maintenance of any existing structure or facility for wildlife water development projects (including guzzlers) in the wilderness, if The bill modifies the boundary of the monument.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cerro de la Olla Wilderness Establishment Act''. 2. DESIGNATION OF CERRO DE LA OLLA WILDERNESS. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 13,098 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; (B) in paragraph (4), in the matter preceding subparagraph (A), by striking ``this Act'' and inserting ``this Act (including a reserve common grazing allotment)''; (B)(C) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C)(D) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (b) Clerical Amendment.--The table of contents for the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9; 133 Stat. 581) is amended by striking the item relating to section 1202 and inserting the following: ``Sec. 1202. Rio Grande del Norte National Monument Wilderness Areas.''. SEC. 3. RIO GRANDE DEL NORTE NATIONAL MONUMENT BOUNDARY MODIFICATION. The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021 April 25, 2022. Calendar No. 494 117th CONGRESS 2d Session S. 177 [Report No. 117-151] _______________________________________________________________________

S.2266

Taxation

Historic Tax Credit Growth and Opportunity Act of  2021 This bill increases the rehabilitation tax credit and modifies certain requirements for the credit. The bill increases the rate of the credit to 30%  for small projects (rehabilitation expenditures not exceeding $3.75 million) and caps the credit for such projects at $750,000 for all taxable years. The bill also expands the types of buildings eligible for rehabilitation by decreasing the rehabilitation threshold from 100% to 50% of project expenses. It also eliminates the basis adjustment requirement for the credit and modifies rules relating to the eligibility of tax-exempt use property for the credit.

To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Growth and Opportunity Act of 2021''. SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Small Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a small project, subsection (a)(2) shall be applied by substituting `30 percent' for `20 percent'. ``(2) Maximum credit.--The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. ``(3) Small project.-- ``(A) In general.--For purposes of this subsection, the term `small project' means any certified historic structure or portion thereof if-- ``(i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and ``(ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. ``(B) Progress expenditures.--Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(B)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2020. SEC. 4. ELIMINATION OF REHABILITATION CREDIT BASIS ADJUSTMENT. (a) In General.--Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Exception for rehabilitation credit.--In the case of the rehabilitation credit, paragraph (1) shall not apply.''. (b) Treatment in Case of Credit Allowed to Lessee.--Section 50(d) of such Code is amended by adding at the end the following: ``In the case of the rehabilitation credit, paragraph (5)(B) of the section 48(d) referred to in paragraph (5) of this subsection shall not apply.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 5. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause: ``(III) Disqualified lease rules to apply only in case of government entity.--For purposes of subclause (I), except in the case of a tax-exempt entity described in section 168(h)(2)(A)(i), the determination of whether property is tax-exempt use property shall be made under section 168(h) without regard to whether the property is leased in a disqualified lease (as defined in section 168(h)(1)(B)(ii)).''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. <all>

Historic Tax Credit Growth and Opportunity Act of 2021

A bill to amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes.

Historic Tax Credit Growth and Opportunity Act of 2021

Sen. Cardin, Benjamin L.

D

MD

This bill increases the rehabilitation tax credit and modifies certain requirements for the credit. The bill increases the rate of the credit to 30% for small projects (rehabilitation expenditures not exceeding $3.75 million) and caps the credit for such projects at $750,000 for all taxable years. The bill also expands the types of buildings eligible for rehabilitation by decreasing the rehabilitation threshold from 100% to 50% of project expenses. It also eliminates the basis adjustment requirement for the credit and modifies rules relating to the eligibility of tax-exempt use property for the credit.

To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Growth and Opportunity Act of 2021''. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. ``(2) Maximum credit.--The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. ``(3) Small project.-- ``(A) In general.--For purposes of this subsection, the term `small project' means any certified historic structure or portion thereof if-- ``(i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and ``(ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. ``(B) Progress expenditures.--Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 3. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(B)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2020. 4. ELIMINATION OF REHABILITATION CREDIT BASIS ADJUSTMENT. (b) Treatment in Case of Credit Allowed to Lessee.--Section 50(d) of such Code is amended by adding at the end the following: ``In the case of the rehabilitation credit, paragraph (5)(B) of the section 48(d) referred to in paragraph (5) of this subsection shall not apply.''. SEC. 5. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause: ``(III) Disqualified lease rules to apply only in case of government entity.--For purposes of subclause (I), except in the case of a tax-exempt entity described in section 168(h)(2)(A)(i), the determination of whether property is tax-exempt use property shall be made under section 168(h) without regard to whether the property is leased in a disqualified lease (as defined in section 168(h)(1)(B)(ii)).''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

H.R.2863

Taxation

First-Time Homebuyer Act of 2021 This bill modifies the first-time homebuyer tax credit. Specifically, it increases the allowable dollar amount of the credit from $8,000 to $15,000, revises the income formula for determining the maximum allowable credit amount, replaces the limitation on the credit based on purchase price (currently, $800,000) with a limitation based on area median purchase price, and revises rules relating to recapture of the credit and to members of the Armed Forces.

To amend the Internal Revenue Code to provide for a first-time homebuyer credit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyer Act of 2021''. SEC. 2. FIRST-TIME HOMEBUYER REFUNDABLE TAX CREDIT. (a) In General.--Section 36 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 36. FIRST-TIME HOMEBUYER CREDIT. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during a taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Dollar limitation.-- ``(A) In general.--Except as otherwise provided in this paragraph, the credit allowed under subsection (a) shall not exceed $15,000. ``(B) Married individuals filing separately.--In the case of a married individual filing a separate return, subparagraph (A) shall be applied by substituting `$7,500' for `$15,000'. ``(C) Other individuals.--If two or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000. ``(2) Limitation based on area median income.-- ``(A) In general.--No credit shall be allowed under subsection (a) to a taxpayer with a modified adjusted gross income that is greater than the applicable amount. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Applicable amount.-- ``(i) In general.--For purposes of subparagraph (A), the term `applicable amount' means an amount that is equal to 160 percent of the Area Median Income set by the Secretary of Housing and Urban Development with respect to-- ``(I) the area in which the principal residence is located, ``(II) the size of the household of the taxpayer, and ``(III) the calendar year in which the principal residence is purchased. ``(ii) Regulations and guidance.--The Secretary, after consultation with the Secretary of Housing and Urban Development, shall promulgate such regulations and guidance as are necessary to carry out the purposes of this subparagraph. ``(3) Limitation based on area median purchase price.-- ``(A) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(i) the excess (if any) of-- ``(I) the purchase price of the primary residence, over ``(II) the amount which is equal to 110 percent of the area median purchase price, bears to ``(ii) the amount which is equal to 125 percent of the area median purchase price. ``(B) Area median purchase price.--For purposes of this paragraph, the term `area median purchase price' means the average purchase price for a home in both the area and the calendar year in which the purchase of the primary residence takes place. ``(C) Regulations and guidance.--The Secretary, after consultation with the Secretary of Housing and Urban Development, shall promulgate such regulations and guidance as are necessary to carry out the purposes of this subparagraph, including setting purchase price limitations for the credit under subsection (a) based on area median income. ``(4) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2021, each of the dollar amounts in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100. ``(5) Age limitation.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence unless the taxpayer has attained age 18 as of the date of such purchase. In the case of any taxpayer who is married (within the meaning of section 7703), the taxpayer shall be treated as meeting the age requirement of the preceding sentence if the taxpayer or the taxpayer's spouse meets such age requirement. ``(c) Definitions.--For purposes of this section-- ``(1) First-time homebuyer.--The term `first-time homebuyer' means any individual if such individual (and if married, such individual's spouse)-- ``(A) has no present ownership interest in any residence during the 3-year period ending on the date of the purchase of the principal residence to which this section applies, and ``(B) has not taken the credit in any other taxable year. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person related to the person acquiring such property (or, if married, such individual's spouse), and ``(ii) the basis of the property in the hands of the person acquiring such property is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date such residence is purchased. ``(5) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). ``(d) Exceptions.--No credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if-- ``(1) the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year, ``(2) a deduction under section 151 with respect to such taxpayer is allowable to another taxpayer for such taxable year, or ``(3) the taxpayer fails to attach to the return of tax for such taxable year a properly executed copy of the settlement statement used to complete such purchase. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e) shall not apply. ``(f) Recapture of Credit.-- ``(1) In general.--Except as otherwise provided in this subsection, if, during any taxable year before the close of the recapture period, a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer), the tax imposed by this chapter for such taxable year shall be increased by the recoverable amount determined in paragraph (2). ``(2) Recoverable amount.--For purposes of paragraph (1), the recoverable amount is the product of-- ``(A) 25 percent of the amount of the credit allowed under subsection (a), multiplied by ``(B) the number of taxable years remaining in the recapture period as of the beginning of the taxable year in which the taxpayer disposes of the principal residence. ``(3) Limitation based on gain.--In the case of the sale of the principal residence to a person who is not related to the taxpayer, the increase in tax determined under paragraph (1) shall not exceed the amount of gain (if any) on such sale. Solely for purposes of the preceding sentence, the adjusted basis of such residence shall be reduced by the amount of the credit allowed under subsection (a). ``(4) Exceptions.-- ``(A) Death of a taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the recapture period in the same manner as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Special rule for members of the armed forces, etc.-- ``(i) In general.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) after December 31, 2019, in connection with Government orders received by such individual, or such individual's spouse, for qualified official extended duty service, paragraph (1) and subsection (d)(2) shall not apply to such disposition (or cessation). ``(ii) Qualified official extended duty service.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as-- ``(I) a member of the uniformed services, ``(II) a member of the Foreign Service of the United States, or ``(III) an employee of the intelligence community. ``(iii) Definitions.--Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph. ``(E) Disposition of residence in connection with change of employment.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) after December 31, 2019 in connection with a change of employment which meets the conditions described in section 217(c), paragraph (1) shall not apply to such disposition (or cessation). ``(5) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(6) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. ``(7) Recapture period.--For purposes of this subsection, the term `recapture period' means the 4 taxable years beginning with the taxable year in which the purchase of the principal residence for which a credit is allowed under subsection (a) was made. ``(g) Election To Treat Purchase in Prior Year.--In the case of a purchase of a principal residence after December 31, 2020, a taxpayer may elect to treat such purchase as made on December 31 of the calendar year preceding such purchase for purposes of this section (other than subsections (b)(4), (c), and (h)). ``(h) Application of Section.--This section shall only apply to a principal residence purchased by the taxpayer on or after December 31, 2020.''. (b) Certain Errors With Respect to First-Time Homebuyer Tax Credit Treated as Mathematical or Clerical Errors.--Paragraph (2) of section 6213(g) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (P), by striking the period at the end of subparagraph (Q) and inserting ``, and'', and by inserting after subparagraph (Q) the following new subparagraph: ``(R) an entry on a return claiming the credit under section 36 if-- ``(i) the Secretary obtains information from the person issuing the TIN of the taxpayer that indicates that the taxpayer does not meet the age requirement of section 36(b)(4), ``(ii) information provided to the Secretary by the taxpayer on an income tax return for at least one of the 2 preceding taxable years is inconsistent with eligibility for such credit, or ``(iii) the taxpayer fails to attach to the return the form described in section 36(d)(3).''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 2020. <all>

First-Time Homebuyer Act of 2021

To amend the Internal Revenue Code to provide for a first-time homebuyer credit, and for other purposes.

First-Time Homebuyer Act of 2021

Rep. Blumenauer, Earl

D

OR

This bill modifies the first-time homebuyer tax credit. Specifically, it increases the allowable dollar amount of the credit from $8,000 to $15,000, revises the income formula for determining the maximum allowable credit amount, replaces the limitation on the credit based on purchase price (currently, $800,000) with a limitation based on area median purchase price, and revises rules relating to recapture of the credit and to members of the Armed Forces.

SEC. 36. FIRST-TIME HOMEBUYER CREDIT. ``(b) Limitations.-- ``(1) Dollar limitation.-- ``(A) In general.--Except as otherwise provided in this paragraph, the credit allowed under subsection (a) shall not exceed $15,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(ii) Regulations and guidance.--The Secretary, after consultation with the Secretary of Housing and Urban Development, shall promulgate such regulations and guidance as are necessary to carry out the purposes of this subparagraph. ``(B) Area median purchase price.--For purposes of this paragraph, the term `area median purchase price' means the average purchase price for a home in both the area and the calendar year in which the purchase of the primary residence takes place. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person related to the person acquiring such property (or, if married, such individual's spouse), and ``(ii) the basis of the property in the hands of the person acquiring such property is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(4) Exceptions.-- ``(A) Death of a taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. Paragraph (1) shall apply to such new principal residence during the recapture period in the same manner as if such new principal residence were the converted residence. ``(ii) Qualified official extended duty service.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as-- ``(I) a member of the uniformed services, ``(II) a member of the Foreign Service of the United States, or ``(III) an employee of the intelligence community. ``(E) Disposition of residence in connection with change of employment.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) after December 31, 2019 in connection with a change of employment which meets the conditions described in section 217(c), paragraph (1) shall not apply to such disposition (or cessation). ``(5) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection.

S.5021

Taxation

Broadband Grant Tax Treatment Act This bill excludes from gross income, for income tax purposes, certain broadband grants made for broadband deployment.

To amend the Internal Revenue Code of 1986 to exclude certain broadband grants from gross income. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Grant Tax Treatment Act''. SEC. 2. CERTAIN GRANTS FOR BROADBAND EXCLUDED 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 subsection: ``SEC. 139J. CERTAIN BROADBAND GRANTS. ``(a) In General.--Gross income shall not include any qualified broadband grant made for purposes of broadband deployment. ``(b) Denial of Double Benefit.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any qualified broadband grant which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. ``(c) Qualified Broadband Grant.--For purposes of this section, the term `qualified broadband grant' means-- ``(1) any grant or subgrant received under the Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act, ``(2) any grant or subgrant received under the State Digital Equity Capacity Grant Program established under section 60304 of such Act, ``(3) any grant received under the Digital Equity Competitive Grant Program established under section 60305 of such Act, ``(4) any grant received under section 60401 of such Act (relating to middle mile grants), ``(5) any grant received-- ``(A) under the broadband loan and grant pilot program established by section 779 of Public Law 115- 141 under the Rural Electrification Act of 1936; and ``(B) from funds made available for such program under the heading `Distance Learning, Telemedicine, and Broadband Program' under the heading `Rural Utilities Service' under title I of division J of the Infrastructure Investment and Jobs Act, ``(6) any grant received from a State, territory, Tribal government, or unit of local government to the extent such grant was-- ``(A) funded by amounts provided to the State or local government under section 602, 603, or 604 of the Social Security Act, and ``(B) provided for the stated purposes of making investments in broadband infrastructure, or ``(7) any grant or subgrant received under section 905 of division N of the Consolidated Appropriations Act, 2021. ``(d) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 139I the following new item: ``Sec. 139J. Certain broadband grants.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years ending after March 11, 2021. <all>

Broadband Grant Tax Treatment Act

A bill to amend the Internal Revenue Code of 1986 to exclude certain broadband grants from gross income.

Broadband Grant Tax Treatment Act

Sen. Warner, Mark R.

D

VA

This bill excludes from gross income, for income tax purposes, certain broadband grants made for broadband deployment.

To amend the Internal Revenue Code of 1986 to exclude certain broadband grants from gross income. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Grant Tax Treatment Act''. SEC. 2. (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 subsection: ``SEC. CERTAIN BROADBAND GRANTS. ``(a) In General.--Gross income shall not include any qualified broadband grant made for purposes of broadband deployment. ``(b) Denial of Double Benefit.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any qualified broadband grant which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. ``(c) Qualified Broadband Grant.--For purposes of this section, the term `qualified broadband grant' means-- ``(1) any grant or subgrant received under the Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act, ``(2) any grant or subgrant received under the State Digital Equity Capacity Grant Program established under section 60304 of such Act, ``(3) any grant received under the Digital Equity Competitive Grant Program established under section 60305 of such Act, ``(4) any grant received under section 60401 of such Act (relating to middle mile grants), ``(5) any grant received-- ``(A) under the broadband loan and grant pilot program established by section 779 of Public Law 115- 141 under the Rural Electrification Act of 1936; and ``(B) from funds made available for such program under the heading `Distance Learning, Telemedicine, and Broadband Program' under the heading `Rural Utilities Service' under title I of division J of the Infrastructure Investment and Jobs Act, ``(6) any grant received from a State, territory, Tribal government, or unit of local government to the extent such grant was-- ``(A) funded by amounts provided to the State or local government under section 602, 603, or 604 of the Social Security Act, and ``(B) provided for the stated purposes of making investments in broadband infrastructure, or ``(7) any grant or subgrant received under section 905 of division N of the Consolidated Appropriations Act, 2021. ``(d) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 139I the following new item: ``Sec. 139J. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years ending after March 11, 2021.

H.R.2581

Agriculture and Food

Biochar Innovations and Opportunities for Conservation, Health, and Advancements in Research Act of 2021 or the BIOCHAR Act of 2021 This bill establishes two temporary programs to encourage research, development, and commercialization of biochar. This is carbonized biomass produced by converting plant matter through reductive thermal processing for nonfuel uses. First, the Department of Agriculture (USDA) and the Department of Energy (DOE) must fund biochar demonstration projects through state, tribal, or local governments; land-grant colleges or universities; or private, nonprofit, or cooperative entities. In selecting projects, the departments must prioritize, for example, projects that (1) have the greatest potential for carbon sequestration; and (2) create new jobs and economic benefits, particularly in rural areas. Projects may use funds for various activities, including developing commercially and technologically viable biochar production units and demonstrating cost-effective market opportunities for biochar and biochar-based products. At least 50% of the plant matter used in a project must come from forest thinning and management activities on National Forest System land. In addition, USDA and DOE must conduct research related to the biochar produced from the projects. Second, USDA must establish a grant program for land-grant colleges and universities to conduct applied research on environmental and economic benefits of biochar. For the duration of the two programs, USDA and DOE must periodically report to Congress about issues related to commercialization of biochar and the status of the programs. The programs terminate after 10 years.

To establish a biochar demonstration project and biochar grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biochar Innovations and Opportunities for Conservation, Health, and Advancements in Research Act of 2021'' or the ``BIOCHAR Act of 2021''. SEC. 2. BIOCHAR DEMONSTRATION PROJECT. (a) Demonstration Projects.-- (1) Establishment.-- (A) In general.--Not later than 2 years after the date of the enactment of this section, the Secretaries shall establish a program to enter into partnerships with eligible entities to carry out demonstration projects to support the development and commercialization of biochar in accordance with this subsection. (B) Location of demonstration projects.--The Secretaries shall, to the maximum extent practicable, establish at least one biochar demonstration project in each Forest Service region. (2) Proposals.--To be eligible to enter into a partnership to carry out a biochar demonstration project under paragraph (1)(A), an eligible entity shall submit to the Secretaries a proposal at such time, in such manner, and containing such information as the Secretaries may require. (3) Priority.--In selecting proposals under paragraph (2), the Secretaries shall give priority to partnering with eligible entities that submit proposals to carry out biochar demonstration projects that-- (A) have the most carbon sequestration potential; (B) will create new jobs and contribute to local economies, particularly in rural areas; (C) will demonstrate-- (i) new and innovative uses of biochar; (ii) viable markets for cost effective biochar-based products; (iii) the ecosystem services of biochar; (iv) the benefits of biochar to restore forest heath and resiliency, including for forest soils and watersheds; or (v) any combination of purposes specified in clauses (i) through (iv); (D) are located in local markets that have the greatest need for the biochar production units due to-- (i) nearby lands identified as having high or very high or extreme risk of wildfire; (ii) availability of sufficient quantities of feedstocks; or (iii) a high level of demand for biochar or other commercial byproducts of biochar; or (E) any combination of purposes specified in subparagraphs (A) through (D). (4) Use of funds.--In carrying out the program established under paragraph (1)(A), the Secretaries may enter into partnerships and provide funding to carry out demonstration projects that-- (A) acquire and test various feedstocks and their efficacy; (B) develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units; (C) demonstrate the production of biochar from forest residues and the use of biochar to restore forest health and resiliency; (D) build, expand, or establish biochar facilities; (E) conduct research on new and innovative uses of biochar or demonstrate cost-effective market opportunities for biochar and biochar-based products; (F) carry out any other activities the Secretaries determine appropriate; or (G) any combination of the purposes specified in subparagraphs (A) through (F). (5) Feedstock requirements.--To the maximum extent practicable, a biochar demonstration project under this subsection shall, with respect to the feedstock used under such project, derive at least 50 percent of such feedstock from forest thinning and management activities, including mill residues, conducted on National Forest System lands. (6) Review of biochar demonstration.-- (A) In general.--The Secretaries shall conduct regionally specific research, including economic analyses and life-cycle assessments, on the biochar produced from the demonstration projects under this subsection, including-- (i) the effects of such biochar on-- (I) forest health and resiliency; (II) carbon capture and sequestration, including increasing soil carbon in the short-term and long- term; (III) productivity, reduced input costs, and water retention in agricultural practices; (IV) soil and grassland health for grazing activities, including grazing activities on Federal land; (V) environmental remediation activities, including abandoned mine land remediation; and (VI) other ecosystem services of biochar; (ii) the efficacy of biochar as a co- product of biofuels or in biochemicals; and (iii) whether biochar can effectively be used to produce any other technologically and commercially viable outcome. (B) Coordination.--The Secretaries shall, to the maximum extent practicable, provide data, analysis, and other relevant information collected under subparagraph (A) to eligible institutions conducting research and development activities on biochar pursuant to receiving a grant under subsection (b). (7) Limitation on funding for establishing biochar facilities.--In the case of an eligible entity that enters in to a partnership to carry out a biochar demonstration project under this subsection and seeks to establish a biochar facility under such demonstration project, the Secretaries may not provide funding to such eligible entity in an amount greater than 35 percent of the capital cost of establishing such biochar facility. (b) Biochar Research and Development Grant Program.-- (1) Establishment.--The Secretary of Agriculture shall establish an applied biochar research and development grant program to make competitive grants to eligible institutions to carry out the activities described in paragraph (3). (2) Applications.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds.--An eligible institution that receives a grant under this subsection shall use the grant funds to conduct applied research on-- (A) the effect of biochar on forest health and resiliency, accounting for variations in biochar, soil, climate, and other factors; (B) the effect of biochar on soil health and water retention, accounting for variations in biochar, soil, climate, and other factors; (C) the long-term carbon sequestration potential of biochar; (D) the best management practices of biochar and biochar based-products to-- (i) maximize carbon sequestration benefits; and (ii) maximize the commercial viability and application of such products in forestry, agriculture, environmental remediation, water quality improvement, and other uses; (E) the regional uses of biochar to increase productivity and profitability, including-- (i) uses in agriculture and environmental remediation; and (ii) use as a co-product in fuel production; (F) new and innovative uses from biochar byproducts; and (G) opportunities to expand markets for biochar and create jobs, particularly in rural areas. (c) Reports.-- (1) Report to congress.--Not later than 2 years after the date of the enactment of this section, the Secretaries shall submit a report to Congress that-- (A) includes policy and program recommendations to improve the widespread use of biochar; (B) identifies the areas of research needed to advance biochar commercialization; and (C) identifies barriers to further biochar commercialization, including permitting and siting considerations. (2) President's annual budget request.--Beginning 2 years after the date of the enactment of this section and annually until the date described in subsection (d), the Secretaries shall include in the budget materials submitted to Congress in support of the President's annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year a report on the status of the demonstration projects carried out under subsection (a) and the research and development grants carried out under subsection (b). (d) Sunset.--The authority to carry out this section shall terminate on the date that is 10 years after the date of the enactment of this section. (e) Definitions.--In this section: (1) Biochar.--The term ``biochar'' means carbonized biomass produced by converting feedstock through reductive thermal processing for non-fuel uses. (2) Eligible entity.--The term ``eligible entity'' means-- (A) State, local, and Tribal governments; (B) eligible institutions; and (C) private, non-private, or cooperative entities. (3) Eligible institution.--The term ``eligible institution'' means land-grant colleges and universities, including institutions eligible for funding under the-- (A) Act of July 2, 1862; (B) Act of August 30, 1890, including Tuskegee University; (C) Public Law 87-788 (commonly known as the ``McIntire-Stennis Act of 1962''); or (D) Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note). (4) Feedstock.--The term ``feedstock'' means excess biomass in the form of plant matter or materials that serves as the raw material for the production of biochar. (5) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of Energy, acting through the Director of the Office of Science. <all>

BIOCHAR Act of 2021

To establish a biochar demonstration project and biochar grant program, and for other purposes.

BIOCHAR Act of 2021 Biochar Innovations and Opportunities for Conservation, Health, and Advancements in Research Act of 2021

Rep. Herrell, Yvette

R

NM

This bill establishes two temporary programs to encourage research, development, and commercialization of biochar. This is carbonized biomass produced by converting plant matter through reductive thermal processing for nonfuel uses. First, the Department of Agriculture (USDA) and the Department of Energy (DOE) must fund biochar demonstration projects through state, tribal, or local governments; land-grant colleges or universities; or private, nonprofit, or cooperative entities. In selecting projects, the departments must prioritize, for example, projects that (1) have the greatest potential for carbon sequestration; and (2) create new jobs and economic benefits, particularly in rural areas. Projects may use funds for various activities, including developing commercially and technologically viable biochar production units and demonstrating cost-effective market opportunities for biochar and biochar-based products. At least 50% of the plant matter used in a project must come from forest thinning and management activities on National Forest System land. In addition, USDA and DOE must conduct research related to the biochar produced from the projects. Second, USDA must establish a grant program for land-grant colleges and universities to conduct applied research on environmental and economic benefits of biochar. For the duration of the two programs, USDA and DOE must periodically report to Congress about issues related to commercialization of biochar and the status of the programs. The programs terminate after 10 years.

SHORT TITLE. This Act may be cited as the ``Biochar Innovations and Opportunities for Conservation, Health, and Advancements in Research Act of 2021'' or the ``BIOCHAR Act of 2021''. 2. BIOCHAR DEMONSTRATION PROJECT. (4) Use of funds.--In carrying out the program established under paragraph (1)(A), the Secretaries may enter into partnerships and provide funding to carry out demonstration projects that-- (A) acquire and test various feedstocks and their efficacy; (B) develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units; (C) demonstrate the production of biochar from forest residues and the use of biochar to restore forest health and resiliency; (D) build, expand, or establish biochar facilities; (E) conduct research on new and innovative uses of biochar or demonstrate cost-effective market opportunities for biochar and biochar-based products; (F) carry out any other activities the Secretaries determine appropriate; or (G) any combination of the purposes specified in subparagraphs (A) through (F). (6) Review of biochar demonstration.-- (A) In general.--The Secretaries shall conduct regionally specific research, including economic analyses and life-cycle assessments, on the biochar produced from the demonstration projects under this subsection, including-- (i) the effects of such biochar on-- (I) forest health and resiliency; (II) carbon capture and sequestration, including increasing soil carbon in the short-term and long- term; (III) productivity, reduced input costs, and water retention in agricultural practices; (IV) soil and grassland health for grazing activities, including grazing activities on Federal land; (V) environmental remediation activities, including abandoned mine land remediation; and (VI) other ecosystem services of biochar; (ii) the efficacy of biochar as a co- product of biofuels or in biochemicals; and (iii) whether biochar can effectively be used to produce any other technologically and commercially viable outcome. (b) Biochar Research and Development Grant Program.-- (1) Establishment.--The Secretary of Agriculture shall establish an applied biochar research and development grant program to make competitive grants to eligible institutions to carry out the activities described in paragraph (3). (2) Applications.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require. (c) Reports.-- (1) Report to congress.--Not later than 2 years after the date of the enactment of this section, the Secretaries shall submit a report to Congress that-- (A) includes policy and program recommendations to improve the widespread use of biochar; (B) identifies the areas of research needed to advance biochar commercialization; and (C) identifies barriers to further biochar commercialization, including permitting and siting considerations. (d) Sunset.--The authority to carry out this section shall terminate on the date that is 10 years after the date of the enactment of this section. (4) Feedstock.--The term ``feedstock'' means excess biomass in the form of plant matter or materials that serves as the raw material for the production of biochar.

H.R.5871

Science, Technology, Communications

American Telecommunications Security Act This bill prohibits the use of certain funds to purchase, rent, lease, or otherwise obtain communications equipment or services determined to pose a national security risk.

To prohibit the use of funds made available under the American Rescue Plan Act of 2021 to purchase, rent, lease, or otherwise obtain communications equipment or services that pose a national security risk. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Telecommunications Security Act''. SEC. 2. PROHIBITION ON USE OF FUNDS TO OBTAIN COMMUNICATIONS EQUIPMENT OR SERVICES POSING NATIONAL SECURITY RISK. (a) In General.--The American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 4) is amended by adding at the end the following: ``TITLE XII--NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS ``SEC. 12001. PROHIBITION ON USE OF FUNDS TO OBTAIN COMMUNICATIONS EQUIPMENT OR SERVICES POSING NATIONAL SECURITY RISK. ``None of the funds made available under this Act or an amendment made by this Act may be used to purchase, rent, lease, or otherwise obtain any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).''. (b) Technical and Conforming Amendment.--The table of contents in section 2 of the American Rescue Plan Act of 2021 is amended by adding at the end the following: ``TITLE XII--NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS ``Sec. 12001. Prohibition on use of funds to obtain communications equipment or services posing national security risk.''. <all>

American Telecommunications Security Act

To prohibit the use of funds made available under the American Rescue Plan Act of 2021 to purchase, rent, lease, or otherwise obtain communications equipment or services that pose a national security risk.

American Telecommunications Security Act

Rep. Luria, Elaine G.

D

VA

This bill prohibits the use of certain funds to purchase, rent, lease, or otherwise obtain communications equipment or services determined to pose a national security risk.

To prohibit the use of funds made available under the American Rescue Plan Act of 2021 to purchase, rent, lease, or otherwise obtain communications equipment or services that pose a national security risk. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Telecommunications Security Act''. SEC. 2. PROHIBITION ON USE OF FUNDS TO OBTAIN COMMUNICATIONS EQUIPMENT OR SERVICES POSING NATIONAL SECURITY RISK. (a) In General.--The American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 4) is amended by adding at the end the following: ``TITLE XII--NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS ``SEC. 12001. PROHIBITION ON USE OF FUNDS TO OBTAIN COMMUNICATIONS EQUIPMENT OR SERVICES POSING NATIONAL SECURITY RISK. ``None of the funds made available under this Act or an amendment made by this Act may be used to purchase, rent, lease, or otherwise obtain any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).''. (b) Technical and Conforming Amendment.--The table of contents in section 2 of the American Rescue Plan Act of 2021 is amended by adding at the end the following: ``TITLE XII--NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS ``Sec. 12001. Prohibition on use of funds to obtain communications equipment or services posing national security risk.''. <all>

H.R.7117

Government Operations and Politics

Protect American Election Administration Act of 2022 This bill generally prohibits a state from soliciting, receiving, or expending any payment or donation of funds, property, or personal services from a private entity for the purpose of administering a federal election. For example, the bill prohibits the use of these payments or donations for programs related to voter education, outreach, and registration. The prohibition shall not apply to a state's acceptance and use of a private entity's donation of space to be used for a polling place or an early voting site.

To amend the Help America Vote Act of 2002 to prohibit a State from receiving or using funds or certain donations from private entities for the administration of an election for Federal office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect American Election Administration Act of 2022''. SEC. 2. PROHIBITION AGAINST THE RECEIPT OR USE OF FUNDS OR CERTAIN DONATIONS FROM PRIVATE ENTITIES. (a) Requirements.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. PROHIBITION AGAINST THE RECEIPT OR USE OF FUNDS OR CERTAIN DONATIONS FROM PRIVATE ENTITIES FOR ELECTION ADMINISTRATION. ``(a) In General.--A State may not solicit, receive, or expend any payment or donation of funds, property, or personal services from a private entity for the purpose of the administration of an election for Federal office, including any programs with respect to voter education, voter outreach, and voter registration. ``(b) Exception.--This section shall not apply with respect to the acceptance and use by a State of a donation from a private entity of space to be used for a polling place or an early voting site in the State.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Prohibition against the receipt or use of funds or certain donations from private entities for election administration.''. (d) Effective Date.--The amendment made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. <all>

Protect American Election Administration Act of 2022

To amend the Help America Vote Act of 2002 to prohibit a State from receiving or using funds or certain donations from private entities for the administration of an election for Federal office, and for other purposes.

Protect American Election Administration Act of 2022

Rep. Cole, Tom

R

OK

This bill generally prohibits a state from soliciting, receiving, or expending any payment or donation of funds, property, or personal services from a private entity for the purpose of administering a federal election. For example, the bill prohibits the use of these payments or donations for programs related to voter education, outreach, and registration. The prohibition shall not apply to a state's acceptance and use of a private entity's donation of space to be used for a polling place or an early voting site.

To amend the Help America Vote Act of 2002 to prohibit a State from receiving or using funds or certain donations from private entities for the administration of an election for Federal office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect American Election Administration Act of 2022''. SEC. 2. PROHIBITION AGAINST THE RECEIPT OR USE OF FUNDS OR CERTAIN DONATIONS FROM PRIVATE ENTITIES. (a) Requirements.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. PROHIBITION AGAINST THE RECEIPT OR USE OF FUNDS OR CERTAIN DONATIONS FROM PRIVATE ENTITIES FOR ELECTION ADMINISTRATION. ``(a) In General.--A State may not solicit, receive, or expend any payment or donation of funds, property, or personal services from a private entity for the purpose of the administration of an election for Federal office, including any programs with respect to voter education, voter outreach, and voter registration. ``(b) Exception.--This section shall not apply with respect to the acceptance and use by a State of a donation from a private entity of space to be used for a polling place or an early voting site in the State.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Prohibition against the receipt or use of funds or certain donations from private entities for election administration.''. (d) Effective Date.--The amendment made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. <all>

H.R.118

Science, Technology, Communications

Cyber Vulnerability Disclosure Reporting Act This bill requires the Department of Homeland Security to submit a report describing the policies and procedures developed to coordinate the disclosure of cyber vulnerabilities. The report shall describe instances when these policies and procedures were used to disclose cyber vulnerabilities in the previous year. Further, the report shall mention the degree to which the disclosed information was acted upon by stakeholders.

To require the Secretary of Homeland Security to submit a report on cyber vulnerability disclosures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Vulnerability Disclosure Reporting Act''. SEC. 2. REPORT ON CYBER VULNERABILITIES. (a) Report.--Not later than 240 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains a description of the policies and procedures developed for coordinating cyber vulnerability disclosures, in accordance with section 2209(m) of the Homeland Security Act of 2002 (6 U.S.C. 659(m)). To the extent possible, such report shall include an annex with information on instances in which such policies and procedures were used to disclose cyber vulnerabilities in the year prior to the date such report is required and, where available, information on the degree to which such information was acted upon by industry and other stakeholders. Such report may also contain a description of how the Secretary is working with other Federal entities and critical infrastructure owners and operators to prevent, detect, and mitigate cyber vulnerabilities. (b) Form.--The report required under subsection (b) shall be submitted in unclassified form but may contain a classified annex. <all>

Cyber Vulnerability Disclosure Reporting Act

To require the Secretary of Homeland Security to submit a report on cyber vulnerability disclosures, and for other purposes.

Cyber Vulnerability Disclosure Reporting Act

Rep. Jackson Lee, Sheila

D

TX

This bill requires the Department of Homeland Security to submit a report describing the policies and procedures developed to coordinate the disclosure of cyber vulnerabilities. The report shall describe instances when these policies and procedures were used to disclose cyber vulnerabilities in the previous year. Further, the report shall mention the degree to which the disclosed information was acted upon by stakeholders.

To require the Secretary of Homeland Security to submit a report on cyber vulnerability disclosures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Vulnerability Disclosure Reporting Act''. SEC. 2. REPORT ON CYBER VULNERABILITIES. (a) Report.--Not later than 240 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains a description of the policies and procedures developed for coordinating cyber vulnerability disclosures, in accordance with section 2209(m) of the Homeland Security Act of 2002 (6 U.S.C. 659(m)). To the extent possible, such report shall include an annex with information on instances in which such policies and procedures were used to disclose cyber vulnerabilities in the year prior to the date such report is required and, where available, information on the degree to which such information was acted upon by industry and other stakeholders. Such report may also contain a description of how the Secretary is working with other Federal entities and critical infrastructure owners and operators to prevent, detect, and mitigate cyber vulnerabilities. (b) Form.--The report required under subsection (b) shall be submitted in unclassified form but may contain a classified annex. <all>

S.4468

Health

Improving Diagnosis in Medicine Act of 2022 This bill requires various activities to improve diagnostic safety and quality in health care. The Department of Health and Human Services (HHS) must convene an expert panel to make recommendations about the data needed to accelerate diagnostic safety and quality research. In convening the panel, HHS must coordinate with the Agency for Healthcare Research and Quality (AHRQ), the Centers for Medicare & Medicaid Services, and other HHS components. HHS must also establish an interagency council to develop a strategic plan and recommendations to improve diagnosis in health care. In addition, AHRQ must (1) establish a quality improvement program related to diagnostic errors that includes dissemination of evidence-based strategies to improve diagnostic quality, safety, and health-care value; and (2) seek to contract with the National Academies of Sciences, Engineering, and Medicine to study disparities in diagnostic safety and quality. The bill also allows specified grants provided by AHRQ and by the National Institutes of Health to be used for diagnostic safety and quality research.

To improve the quality, appropriateness, and effectiveness of diagnosis in health care, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Diagnosis in Medicine Act of 2022''. SEC. 2. RESEARCH PROGRAM TO IMPROVE DIAGNOSTIC SAFETY AND QUALITY. Part B of title IX of the Public Health Service Act (42 U.S.C. 299b et seq.) is amended by adding at the end the following: ``SEC. 918. RESEARCH PROGRAM TO IMPROVE DIAGNOSTIC SAFETY AND QUALITY. ``(a) In General.--The Director shall establish a comprehensive program of research and quality improvement to-- ``(1) assess and understand diagnostic errors, including diagnostic delays, and how to eliminate common failures in the diagnostic process that lead to significant patient harm; and ``(2) identify, develop, implement, and disseminate evidence-based strategies and best practices for improving diagnostic quality, safety, and health care value. ``(b) Activities.--The program established under subsection (a) shall include the following: ``(1) Continuum of research.--A portfolio of conducted and supported activities that is consistent with the general, research, implementation, and dissemination activities of the Center for Quality Improvement and Patient Safety, as described in section 933, including-- ``(A) investigator-initiated research to assess diagnostic errors and identify improved methods to prevent errors and the harm they cause; ``(B) translation and synthesis of research findings and development of tools for implementing prevention strategies into practice; ``(C) implementation research to refine evidence- based tools for improving diagnostic processes and effectively integrate these solutions into practice; and ``(D) dissemination to promote implementation of effective methods, strategies and tools for wide-scale improvement. ``(2) Research centers of diagnostic excellence.-- Consistent with section 911(b), such Centers shall link research directly with clinical practice in geographically diverse locations throughout the United States, and may include-- ``(A) academic medical and institutional research centers that combine demonstrated multidisciplinary expertise in diagnostic outcomes or quality improvement research with linkages directly or through national, state or local stakeholder partner organizations to relevant sites of care; and ``(B) provider-based research networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate outcomes and evaluate and promote quality improvement approaches. ``(3) Financial assistance.--The Director may provide financial assistance to assist in meeting the costs of planning and establishing new centers, as well as operating existing and new centers, pursuant to section 902(c). ``(4) Stakeholder engagement.--The Director shall identify and enter into a supporting agreement (grant or contract) with a nonprofit entity that convenes a coalition of diverse health care stakeholders for the purpose of-- ``(A) raising attention to diagnostic safety and quality concerns; ``(B) facilitating learning, adoption and spread of effective quality improvement interventions; and ``(C) catalyzing novel actions by individual member organizations to reduce harms from diagnostic error and improve patient outcomes. ``(c) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $20,000,000 for fiscal year 2023, $25,000,000 for fiscal year 2024, $30,000,000 for fiscal year 2025, and $35,000,000 for each of fiscal years 2026 and 2027. ``(2) Reservation.--Of the amount appropriated under paragraph (1) for a fiscal year, $700,000 shall be allocated to carrying out the purpose described in subsection (b)(4). ``(3) Availability.--Amounts appropriated under this section shall remain available until expended.''. SEC. 3. FELLOWSHIPS AND TRAINING GRANTS. (a) Ruth Kirschstein Awards.--Section 487(a) of the Public Health Service Act (42 U.S.C. 288(a)) is amended by adding at the end the following: ``(5) For purposes of the program under this subsection, biomedical and behavioral research includes diagnostic safety and quality research.''. (b) AHRQ Programs.--Section 902(b)(1) of the Public Health Service Act (42 U.S.C. 299a(b)(1)) is amended-- (1) by inserting ``and diagnostic safety and quality'' after ``subsection (a)''; and (2) by striking ``under section 487(d)(3)'' and inserting ``for purposes of carrying out section 487''. SEC. 4. QUALITY MEASURE DEVELOPMENT. Section 931(c)(2) of the Public Health Service Act (42 U.S.C. 299b- 31(c)(2)) is amended-- (1) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) diagnostic safety and quality;''. SEC. 5. DATA FOR RESEARCH AND IMPROVEMENT. Section 937(f) of the Public Health Service Act (42 U.S.C. 299b- 37(f)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (2) adding at the end the following: ``(2) Consultation with expert panel.--In carrying out paragraph (1), the Secretary, in coordination with the Director, the Director of the Centers for Medicare & Medicaid Services, the National Coordinator for Health Information Technology, and the National Library of Medicine, shall convene an expert panel to consider and make recommendations regarding the types, sources, and availability of data needed to accelerate diagnostic safety and quality research, training, and measure development as specified in section 918, including data related to racial, ethnic, and language attributes; gender, age, geography, and socioeconomic conditions; the specificity, interoperability, and socio-technical aspects of electronic vocabularies and ontologies related to presenting symptoms and diagnostic certainty; and the development and use of symptom-based clinical registries. Such panel shall consider enhanced data capabilities that are necessary to support both research and improvement of diagnostic safety and quality.''. SEC. 6. INTERAGENCY COUNCIL ON IMPROVING DIAGNOSIS IN HEALTH CARE. (a) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish within the Office of the Secretary an interagency council to be known as the Interagency Council on Improving Diagnosis in Health Care (referred to in this section as the ``Council''). (b) Objectives.--The objectives of the Council shall be the following: (1) Enhance the quality, appropriateness, and effectiveness of diagnosis in health care through-- (A) the establishment and support of a broad base of scientific research; (B) the dissemination and implementation of the results of such research; and (C) the promotion of improvements in clinical and health system practices. (2) Identify and eliminate systemic barriers to supporting research in improving diagnosis in health care. (3) Identify knowledge gaps, research and data needs, and opportunities congruent with agency missions to strengthen the clinical and translational research pipeline to improve diagnostic safety and quality, including potential collaborative research initiatives among 2 or more agencies, offices, institutes, or centers within the Department of Health and Human Services or other Federal agencies or offices. (c) Membership.-- (1) Chairperson.--The Director of the Agency for Healthcare Research and Quality (or the Director's designee) shall be the Chairperson of the Council. (2) Members.-- (A) In general.--In addition to the Chairperson, the Council shall be comprised of the following: (i) At least 1 designee from each of the following, appointed by the head of the applicable department or agency: (I) The Centers for Disease Control and Prevention. (II) The Centers for Medicare & Medicaid Services. (III) The Department of Veterans Affairs. (IV) The Congressionally Directed Medical Research Program of the Department of Defense. (V) The Office of the National Coordinator for Health Information Technology. (ii) Designees from the National Institutes of Health, including a least 1 designee from each of the following: (I) The National Cancer Institute. (II) The National Center for Advancing Translational Sciences. (III) The National Institute of Allergy and Infectious Diseases. (IV) The National Heart, Lung, and Blood Institute. (V) The National Institute of Neurological Disorders and Stroke. (VI) The National Library of Medicine. (VII) The National Institute on Minority Health and Health Disparities. (VIII) The National Institute of Nursing Research. (IX) The Eunice Kennedy Shriver National Institute of Child Health and Human Development. (iii) Designees from such other national research institutes and national centers as may be appropriate, as determined by the Director of the National Institutes of Health. (B) Additional members.--In addition to the designees under subparagraph (A), the Council may include such other designees from Federal departments or agencies as the Chairperson of the Council deems appropriate. (C) Designation.--A person appointed to the Council as a designee shall be a senior official or employee of the department or agency whose responsibilities and subject matter expertise are relevant to the Council's objectives listed in subsection (b), as determined by the designating official. (d) Strategic Plan; Reports.-- (1) Strategic federal plan to improve diagnosis in health care.--Not later than 18 months after the date of enactment of this Act, the Council shall develop, submit to the Secretary and Congress, and make publicly available a strategic plan, to be known as the Strategic Federal Plan to Improve Diagnosis, that, consistent with the objectives listed in subsection (b)-- (A) identifies coordinated opportunities to enhance scientific research and reduce systemic barriers in order to improve diagnosis in health care; and (B) includes legislative and administrative policy recommendations, including opportunities to remove barriers to, and enhance, inter-agency coordination in the planning, conduct, and funding of, such research. (2) Reports to congress.--Not later than July 31 of every odd-numbered year beginning with the first such year after the date of submission of the first Strategic Federal Plan to Improve Diagnosis under paragraph (1), the Council shall prepare, submit to the Secretary and Congress, and make publicly available an updated Strategic Federal Plan to Improve Diagnosis that includes-- (A) such updates as the Council determines to be appropriate; (B) information on the overall progress of the Federal Government in reducing barriers to research on, and supporting projects to improve, diagnosis in health care; and (C) legislative and administrative policy recommendations, including addressing any needs for greater legislative authority to meet the objectives listed in subsection (b). (e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2027. SEC. 7. NATIONAL ACADEMIES REPORT. (a) In General.--The Director of the Agency for Healthcare Research and Quality shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine under which such National Academies conducts a study and issues a report on disparities in diagnostic safety and quality that-- (1) identifies what is known about the burden and causes of such disparities, including racial, ethnic, socioeconomic, age, gender, geography, language proficiency, and intersectional interactions; and (2) includes recommendations on specific actions that policymakers, researchers, clinicians, and other stakeholders can take to eliminate such burdens. (b) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2023, to remain available until expended. <all>

Improving Diagnosis in Medicine Act of 2022

A bill to improve the quality, appropriateness, and effectiveness of diagnosis in health care, and for other purposes.

Improving Diagnosis in Medicine Act of 2022

Sen. Van Hollen, Chris

D

MD

This bill requires various activities to improve diagnostic safety and quality in health care. The Department of Health and Human Services (HHS) must convene an expert panel to make recommendations about the data needed to accelerate diagnostic safety and quality research. In convening the panel, HHS must coordinate with the Agency for Healthcare Research and Quality (AHRQ), the Centers for Medicare & Medicaid Services, and other HHS components. HHS must also establish an interagency council to develop a strategic plan and recommendations to improve diagnosis in health care. In addition, AHRQ must (1) establish a quality improvement program related to diagnostic errors that includes dissemination of evidence-based strategies to improve diagnostic quality, safety, and health-care value; and (2) seek to contract with the National Academies of Sciences, Engineering, and Medicine to study disparities in diagnostic safety and quality. The bill also allows specified grants provided by AHRQ and by the National Institutes of Health to be used for diagnostic safety and quality research.

SHORT TITLE. 2. 299b et seq.) is amended by adding at the end the following: ``SEC. 918. RESEARCH PROGRAM TO IMPROVE DIAGNOSTIC SAFETY AND QUALITY. ``(b) Activities.--The program established under subsection (a) shall include the following: ``(1) Continuum of research.--A portfolio of conducted and supported activities that is consistent with the general, research, implementation, and dissemination activities of the Center for Quality Improvement and Patient Safety, as described in section 933, including-- ``(A) investigator-initiated research to assess diagnostic errors and identify improved methods to prevent errors and the harm they cause; ``(B) translation and synthesis of research findings and development of tools for implementing prevention strategies into practice; ``(C) implementation research to refine evidence- based tools for improving diagnostic processes and effectively integrate these solutions into practice; and ``(D) dissemination to promote implementation of effective methods, strategies and tools for wide-scale improvement. ``(c) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $20,000,000 for fiscal year 2023, $25,000,000 for fiscal year 2024, $30,000,000 for fiscal year 2025, and $35,000,000 for each of fiscal years 2026 and 2027. 3. FELLOWSHIPS AND TRAINING GRANTS. (b) AHRQ Programs.--Section 902(b)(1) of the Public Health Service Act (42 U.S.C. 299a(b)(1)) is amended-- (1) by inserting ``and diagnostic safety and quality'' after ``subsection (a)''; and (2) by striking ``under section 487(d)(3)'' and inserting ``for purposes of carrying out section 487''. 4. QUALITY MEASURE DEVELOPMENT. 5. DATA FOR RESEARCH AND IMPROVEMENT. INTERAGENCY COUNCIL ON IMPROVING DIAGNOSIS IN HEALTH CARE. (c) Membership.-- (1) Chairperson.--The Director of the Agency for Healthcare Research and Quality (or the Director's designee) shall be the Chairperson of the Council. (II) The Centers for Medicare & Medicaid Services. (III) The Department of Veterans Affairs. (V) The Office of the National Coordinator for Health Information Technology. (VI) The National Library of Medicine. (VII) The National Institute on Minority Health and Health Disparities. (B) Additional members.--In addition to the designees under subparagraph (A), the Council may include such other designees from Federal departments or agencies as the Chairperson of the Council deems appropriate. (d) Strategic Plan; Reports.-- (1) Strategic federal plan to improve diagnosis in health care.--Not later than 18 months after the date of enactment of this Act, the Council shall develop, submit to the Secretary and Congress, and make publicly available a strategic plan, to be known as the Strategic Federal Plan to Improve Diagnosis, that, consistent with the objectives listed in subsection (b)-- (A) identifies coordinated opportunities to enhance scientific research and reduce systemic barriers in order to improve diagnosis in health care; and (B) includes legislative and administrative policy recommendations, including opportunities to remove barriers to, and enhance, inter-agency coordination in the planning, conduct, and funding of, such research. SEC. NATIONAL ACADEMIES REPORT.

S.4581

Education

Second Chance at Public Service Loan Forgiveness Act This bill makes changes to the Public Service Loan Forgiveness (PSLF) program. Among other changes, the bill (1) allows a borrower who obtained an eligible Federal Direct Loan and has been employed full-time in public service (beginning on or after January 1, 1994) for 10 years or more to receive loan forgiveness under the PSLF program; (2) provides additional relevant definitions, including to specify that full-time employment is at least 30 hours a week; and (3) allows an eligible teacher to use the same teaching service to qualify for both the Teacher Loan Forgiveness program and the PSLF program.

To improve the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965, to improve loan forgiveness eligibility provisions under such Act for teachers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance at Public Service Loan Forgiveness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) was created in 2007 to attract individuals to public service by forgiving an individual's Federal loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.; 20 U.S.C. 1087a et seq.) after 10 years of employment in areas of national need. (2) These public service careers, which include employment in military, emergency management, government, public safety, law enforcement, public health, education, child care, social work, services for individuals with disabilities, services for the elderly, public interest legal services, and library sciences, pay substantially less than similar careers in the private sector. (3) The public sector also repeatedly experiences workforce shortages, especially following the COVID-19 pandemic. (4) An undergraduate degree, certification, or advanced degree is a prerequisite to enter or advance in these public service careers. Yet, research suggests that the prospect of several decades of student loan payments often deters individuals from pursuing careers in public service. (5) The public service loan forgiveness program has substantially failed. In 2018, 99 percent of the borrowers who applied for relief under the program were denied due to improper type of loans, employment, or repayment plan, or the number of payments that they had made. (6) Advocates and enforcement agencies, including 38 State Attorneys General and the Bureau of Consumer Financial Protection, have repeatedly found that all of the major Federal student loan servicers provided inaccurate information to borrowers who were interested in or relying upon the public service loan forgiveness program. They also found that servicers repeatedly steered borrowers away from public service loan forgiveness into higher monthly payments and into deferment and forbearances. (7) This has caused millions of public servants irreparable economic harm, including preventing them from buying a home, opening a small business, starting a family, or retiring, because of their student debt. (8) Despite the recent actions of President Biden's administration to improve the public service loan forgiveness program, these actions are limited and will not fully atone for the repeated, pervasive, and systemic actions by Federal student loan servicers to prevent public servants from fully benefitting from this program. SEC. 3. MAKING FORGIVENESS ATTAINABLE FOR PUBLIC SECTOR WORKERS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--The Secretary shall cancel the balance of interest and principal due, in accordance with paragraph (2), on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) obtained an eligible Federal Direct Loan; and ``(B) has been employed full-time in public service, beginning on or after January 1, 1994, for a total period of 10 years or more after the date on which the first eligible Federal Direct Loan was obtained.''; (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; (3) by inserting after paragraph (2) the following: ``(3) Special rules relating to employment.--For purposes of this subsection, volunteer service as an AmeriCorps or Peace Corps volunteer, as described in subclause (III) or (IV) of paragraph (5)(C)(i), shall be deemed to be employment. ``(4) Special rule for certain loans and borrowers.-- ``(A) Parent plus loans.--In the case of a borrower of an eligible Federal Direct Loan that is on behalf of a student, any public service employment required under this subsection may be completed by the borrower or by the student on whose behalf the loan was made. ``(B) Special rules for federal direct consolidation loans.-- ``(i) In general.--A borrower who has obtained an eligible Federal Direct Loan that is a Federal Direct Consolidation Loan that includes a loan made, insured, or guaranteed under part B or part E shall receive credit under paragraph (1) for any years of full-time employment in public service that occurred while the borrower had a component loan of the Federal Direct Consolidation Loan. ``(ii) Special rules for joint borrowers.-- The Secretary shall allow the borrowers of a Joint Consolidation Loan or a Joint Direct Consolidation Loan who are employed in a public service job to consolidate such loan into a Federal Direct Consolidation Loan in order to receive loan cancellation pursuant to this subsection.''; and (4) by striking paragraph (5), as redesignated by paragraph (2), and inserting the following: ``(5) Definitions.--In this subsection: ``(A) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct Unsubsidized Loan, Federal Direct PLUS Loan (including such loan made on behalf of a student), or Federal Direct Consolidation Loan. ``(B) Full-time.--The term `full-time', when used with respect to employment in public service, means working in public service employment in one or more jobs for a total of-- ``(i) not less than 30 hours a week; ``(ii) in the case of any form of educational public service employment that is under a contract for not less than 8 months, not less than 30 hours per week during the contract period; or ``(iii) in the case of employment as an adjunct, contingent, or part-time faculty member, teacher, or lecturer who is paid solely for the credit hours taught at an institution of higher education, the equivalent of 30 hours per week determined by multiplying each credit or contract hour taught per week by 3.35. ``(C) Public service.-- ``(i) In general.--The term `public service' means-- ``(I) employment with a qualifying employer described in clause (i) or (ii) of subparagraph (D); ``(II) employment with a qualifying employer described in subparagraph (D)(iii) that-- ``(aa) provides direct services to the public through its employees; and ``(bb) has devoted a majority of its full-time equivalent employees to working in not less than 1 of the following areas: ``(AA) Early childhood education programs. ``(BB) Emergency management. ``(CC) Law enforcement. ``(DD) Military service. ``(EE) Other school-based services. ``(FF) Public education (including higher education). ``(GG) Public health. ``(HH) Public interest law services. ``(II) Public library services. ``(JJ) Public safety. ``(KK) Public services for individuals with disabilities or public services for the elderly. ``(LL) School library services; ``(III) satisfactory service as a Peace Corps volunteer in accordance with section 5 of the Peace Corps Act (22 U.S.C. 2504); or ``(IV) successful service as a participant in a position described in section 123 of the National and Community Service Act of 1990 (42 U.S.C. 12573). ``(ii) Additional definitions.--For purposes of clause (i): ``(I) Emergency management services.--The term `emergency management services' means services that help remediate, lessen, or eliminate the effects or potential effects of emergencies that threaten human life or health or real property. ``(II) Law enforcement.--The term `law enforcement' means services performed by an employee of a public service organization that is publicly funded and whose principal activities pertain to crime prevention, control or reduction of crime, or the enforcement of criminal law. ``(III) Military service.--The term `military service' means providing service to or on behalf of members, veterans, or the families or survivors of members or veterans of the Armed Forces, including the National Guard, that is provided to a person because of the person's status in the Armed Forces or National Guard. ``(IV) Other school-based services.--The term `other school-based services' means an employee of a State, or of any political division of a State, or an employee of a nonprofit organization, who works in any grade from prekindergarten through grade 12 in any of the following occupational specialties: ``(aa) Paraprofessional services, including paraeducator services. ``(bb) Clerical and administrative services. ``(cc) Transportation services. ``(dd) Food and nutrition services. ``(ee) Custodial and maintenance services. ``(ff) Security services. ``(gg) Health and student services. ``(hh) Technical services. ``(ii) Skilled trades. ``(V) Public education.--The term `public education' means-- ``(aa) the provision of educational enrichment or support to students in a school or a school-like setting, including teaching; and ``(bb) teaching as a full- time faculty member at a Tribal College or University, as defined in section 316(b), and other faculty teaching in high- needs subject areas or areas of shortage (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary. ``(VI) The term `public health' means-- ``(aa) services provided by physicians, nurses (including nurses in a clinical setting), and nurse practitioners; and ``(bb) services provided by health care practitioner occupations, health care support occupations, and counselors, social workers, and other community and social service specialist occupations, as those terms are defined by the Bureau of Labor Statistics. ``(VII) The term `public interest law' means legal services or legal advocacy provided by a nonprofit organization, but excludes services provided by individuals who are registered lobbyists at the Federal, State, or local level. ``(VIII) The term `public library services' means the operation of public libraries or services that support their operation. ``(IX) The term `public safety services' means services that seek to prevent the need for emergency management services. ``(X) The term `public services for individuals with disabilities' means services performed for, or to assist, individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) that is provided to an individual because of the individual's status as an individual with a disability. ``(XI) The term `public service for the elderly' means services that are provided to individuals who are aged 59.5 years or older and that are provided to an individual because of the individual's status as an individual of that age, including services related to retirement plans, pensions, social security, retiree health plans, or Medicaid. ``(XII) The term `school library services' means the operations of school libraries or services that support their operation. ``(D) Qualifying employer.--The term `qualifying employer' means-- ``(i) a Federal, State, Tribal, local, intergovernmental, or regional governmental organization, agency, or entity based or headquartered in the United States, including the Armed Forces, National Guard, Merchant Marines, or Coast Guard; ``(ii) a nonprofit organization that is qualified under section 501(c)(3) of the Internal Revenue Code of 1986; or ``(iii) a nonprofit organization that is qualified under section 501(a) of such Code, with respect to an employee in public service employment.''. SEC. 4. LOAN FORGIVENESS FOR TEACHERS. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 428J(g)(2) (20 U.S.C. 1078-10(g)(2))-- (A) in subparagraph (A), by inserting ``or'' after the semicolon at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (7) of section 455(m) (20 U.S.C. 1087e(m)), as amended by section 3(2), by striking ``both this subsection and section 428J, 428K, 428L, or 460'' and inserting ``both this subsection and section 428K or 428L''; and (3) in section 460(g)(2) (20 U.S.C. 1087j(g)(2))-- (A) in subparagraph (A), by inserting ``or'' after the semicolon at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). <all>

Second Chance at Public Service Loan Forgiveness Act

A bill to improve the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965, to improve loan forgiveness eligibility provisions under such Act for teachers, and for other purposes.

Second Chance at Public Service Loan Forgiveness Act

Sen. Menendez, Robert

D

NJ

This bill makes changes to the Public Service Loan Forgiveness (PSLF) program. Among other changes, the bill (1) allows a borrower who obtained an eligible Federal Direct Loan and has been employed full-time in public service (beginning on or after January 1, 1994) for 10 years or more to receive loan forgiveness under the PSLF program; (2) provides additional relevant definitions, including to specify that full-time employment is at least 30 hours a week; and (3) allows an eligible teacher to use the same teaching service to qualify for both the Teacher Loan Forgiveness program and the PSLF program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 1071 et seq. ; 20 U.S.C. after 10 years of employment in areas of national need. In 2018, 99 percent of the borrowers who applied for relief under the program were denied due to improper type of loans, employment, or repayment plan, or the number of payments that they had made. 3. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. ''; and (4) by striking paragraph (5), as redesignated by paragraph (2), and inserting the following: ``(5) Definitions.--In this subsection: ``(A) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct Unsubsidized Loan, Federal Direct PLUS Loan (including such loan made on behalf of a student), or Federal Direct Consolidation Loan. ``(B) Full-time.--The term `full-time', when used with respect to employment in public service, means working in public service employment in one or more jobs for a total of-- ``(i) not less than 30 hours a week; ``(ii) in the case of any form of educational public service employment that is under a contract for not less than 8 months, not less than 30 hours per week during the contract period; or ``(iii) in the case of employment as an adjunct, contingent, or part-time faculty member, teacher, or lecturer who is paid solely for the credit hours taught at an institution of higher education, the equivalent of 30 hours per week determined by multiplying each credit or contract hour taught per week by 3.35. ``(BB) Emergency management. ``(CC) Law enforcement. ``(DD) Military service. ``(EE) Other school-based services. ``(GG) Public health. ``(II) Public library services. ``(JJ) Public safety. ``(ff) Security services. ``(VI) The term `public health' means-- ``(aa) services provided by physicians, nurses (including nurses in a clinical setting), and nurse practitioners; and ``(bb) services provided by health care practitioner occupations, health care support occupations, and counselors, social workers, and other community and social service specialist occupations, as those terms are defined by the Bureau of Labor Statistics. 12102)) that is provided to an individual because of the individual's status as an individual with a disability. ``(D) Qualifying employer.--The term `qualifying employer' means-- ``(i) a Federal, State, Tribal, local, intergovernmental, or regional governmental organization, agency, or entity based or headquartered in the United States, including the Armed Forces, National Guard, Merchant Marines, or Coast Guard; ``(ii) a nonprofit organization that is qualified under section 501(c)(3) of the Internal Revenue Code of 1986; or ``(iii) a nonprofit organization that is qualified under section 501(a) of such Code, with respect to an employee in public service employment.''. SEC. LOAN FORGIVENESS FOR TEACHERS. 1087j(g)(2))-- (A) in subparagraph (A), by inserting ``or'' after the semicolon at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B).

H.R.2609

Armed Forces and National Security

This bill indefinitely extends the requirement for annual reporting on the material readiness of Navy ships. Additionally, the bill requires this report to be submitted in a classified form that is available only to the congressional defense committees.

To amend title 10, United States Code, to make permanent the requirement for an annual report on the material readiness of Navy ships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS. Section 8674(d) of title 10, United States Code is amended-- (1) in paragraph (1)-- (A) by striking ``submit to the'' inserting ``provide to the''; (B) by inserting ``a briefing and submit to such committees'' after ``congressional defense committees''; and (C) by striking ``setting forth'' and inserting ``regarding''; (2) in paragraph (2)-- (A) by striking ``in an unclassified form that is releasable to the public without further redaction.'' and inserting ``in--''; and (B) by adding at the end the following new subparagraphs: ``(A) a classified form that shall be available only to the congressional defense committees; and ``(B) an unclassified form that is releasable to the public without further redaction''; and (3) by striking paragraph (3). <all>

To amend title 10, United States Code, to make permanent the requirement for an annual report on the material readiness of Navy ships, and for other purposes.

To amend title 10, United States Code, to make permanent the requirement for an annual report on the material readiness of Navy ships, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend title 10, United States Code, to make permanent the requirement for an annual report on the material readiness of Navy ships, and for other purposes.

Rep. Wittman, Robert J.

R

VA

This bill indefinitely extends the requirement for annual reporting on the material readiness of Navy ships. Additionally, the bill requires this report to be submitted in a classified form that is available only to the congressional defense committees.

To amend title 10, United States Code, to make permanent the requirement for an annual report on the material readiness of Navy ships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS. Section 8674(d) of title 10, United States Code is amended-- (1) in paragraph (1)-- (A) by striking ``submit to the'' inserting ``provide to the''; (B) by inserting ``a briefing and submit to such committees'' after ``congressional defense committees''; and (C) by striking ``setting forth'' and inserting ``regarding''; (2) in paragraph (2)-- (A) by striking ``in an unclassified form that is releasable to the public without further redaction.'' and inserting ``in--''; and (B) by adding at the end the following new subparagraphs: ``(A) a classified form that shall be available only to the congressional defense committees; and ``(B) an unclassified form that is releasable to the public without further redaction''; and (3) by striking paragraph (3). <all>

H.R.1207

Crime and Law Enforcement

Stop Online Ammunition Sales Act of 2021 This bill establishes new requirements and restrictions with respect to the sale, purchase, shipment, and transport of ammunition. Among other things, the bill

To require face-to-face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition. Be it enacted by the Senate 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 Online Ammunition Sales Act of 2021''. SEC. 2. LIMITATIONS ON PURCHASES OF AMMUNITION. (a) Licensing of Ammunition Dealers.-- (1) In general.--Section 923(a) of title 18, United States Code, is amended in the matter preceding paragraph (1), in the first sentence, by striking ``, or importing or manufacturing'' and inserting ``or''. (2) Conforming amendment.--Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting ``or ammunition'' after ``firearms''. (b) Requirement for Face-to-Face Sales of and Licensing To Sell Ammunition.--Section 922 of such title is amended-- (1) in subsection (a)(1)-- (A) by striking ``for any person--'' and all that follows through ``(A) except'' and inserting ``(A) for any person except''; and (B) by striking subparagraph (B) and inserting the following: ``(B) for-- ``(i) any person except a licensed importer, licensed manufacturer, or licensed dealer, to-- ``(I) sell ammunition, except that this subclause shall not apply to a sale of ammunition by a person to a licensed importer, licensed manufacturer, or licensed dealer; or ``(II) engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition; or ``(ii) a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to a person unless the licensee, in the physical presence of the person, has verified the identity of the person by examining a valid identification document (as defined in section 1028(d) of this title) of the person containing a photograph of the person;''; and (2) in subsection (b)(5), by striking ``or armor- piercing''. (c) Limit on Shipping and Transporting of Ammunition.--Section 922(a)(2) of such title is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, or to ship or transport any ammunition,'' after ``any firearm''; and (2) in subparagraph (B), by inserting ``or ammunition'' after ``a firearm''. (d) Recordkeeping Regarding Ammunition.-- (1) In general.--Section 923(g) of such title is amended-- (A) in paragraph (1)(A)-- (i) in the first sentence, by inserting ``or ammunition'' after ``other disposition of firearms''; and (ii) in the third sentence, by striking ``, or any licensed importer or manufacturer of ammunition,'' and inserting ``, or any licensed importer, manufacturer, or dealer of ammunition,''; and (B) in paragraph (3), by adding at the end the following: ``(C) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any 5 consecutive business days, more than 1,000 rounds of ammunition to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs.''. (2) Conforming amendment.--Section 4182(d) of the Internal Revenue Code of 1986 is amended by inserting ``and except as provided in paragraph (1)(A) and (3)(C) of section 923(g) of such title,'' before ``no person holding a Federal license''. <all>

Stop Online Ammunition Sales Act of 2021

To require face-to-face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition.

Stop Online Ammunition Sales Act of 2021

Rep. Watson Coleman, Bonnie

D

NJ

This bill establishes new requirements and restrictions with respect to the sale, purchase, shipment, and transport of ammunition. Among other things, the bill

To require face-to-face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition. Be it enacted by the Senate 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 Online Ammunition Sales Act of 2021''. SEC. 2. LIMITATIONS ON PURCHASES OF AMMUNITION. (a) Licensing of Ammunition Dealers.-- (1) In general.--Section 923(a) of title 18, United States Code, is amended in the matter preceding paragraph (1), in the first sentence, by striking ``, or importing or manufacturing'' and inserting ``or''. (2) Conforming amendment.--Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting ``or ammunition'' after ``firearms''. (b) Requirement for Face-to-Face Sales of and Licensing To Sell Ammunition.--Section 922 of such title is amended-- (1) in subsection (a)(1)-- (A) by striking ``for any person--'' and all that follows through ``(A) except'' and inserting ``(A) for any person except''; and (B) by striking subparagraph (B) and inserting the following: ``(B) for-- ``(i) any person except a licensed importer, licensed manufacturer, or licensed dealer, to-- ``(I) sell ammunition, except that this subclause shall not apply to a sale of ammunition by a person to a licensed importer, licensed manufacturer, or licensed dealer; or ``(II) engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition; or ``(ii) a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to a person unless the licensee, in the physical presence of the person, has verified the identity of the person by examining a valid identification document (as defined in section 1028(d) of this title) of the person containing a photograph of the person;''; and (2) in subsection (b)(5), by striking ``or armor- piercing''. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs.''. (2) Conforming amendment.--Section 4182(d) of the Internal Revenue Code of 1986 is amended by inserting ``and except as provided in paragraph (1)(A) and (3)(C) of section 923(g) of such title,'' before ``no person holding a Federal license''.

H.R.2788

Armed Forces and National Security

VA Equal Employment Opportunity Counselor Modernization Act This bill eliminates the cap on the number of full-time employees at the Department of Veterans Affairs who provide equal employment opportunity counseling.

To amend title 38, United States Code, to eliminate the cap on full- time employees of the Department of Veterans Affairs who provide equal employment opportunity counseling. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Equal Employment Opportunity Counselor Modernization Act''. SEC. 2. ELIMINATION OF CAP ON FULL-TIME EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY COUNSELING. (a) In General.--Section 516 of title 38, United States Code, is amended-- (1) by striking subsection (g); and (2) by redesignating subsection (h) as subsection (g). (b) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report regarding the effect of the amendment under subsection (a). Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.

VA Equal Employment Opportunity Counselor Modernization Act

To amend title 38, United States Code, to eliminate the cap on full-time employees of the Department of Veterans Affairs who provide equal employment opportunity counseling.

VA Equal Employment Opportunity Counselor Modernization Act VA Equal Employment Opportunity Counselor Modernization Act VA Equal Employment Opportunity Counselor Modernization Act VA Equal Employment Opportunity Counselor Modernization Act

Rep. Lamb, Conor

D

PA

This bill eliminates the cap on the number of full-time employees at the Department of Veterans Affairs who provide equal employment opportunity counseling.

To amend title 38, United States Code, to eliminate the cap on full- time employees of the Department of Veterans Affairs who provide equal employment opportunity counseling. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Equal Employment Opportunity Counselor Modernization Act''. SEC. 2. ELIMINATION OF CAP ON FULL-TIME EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY COUNSELING. (a) In General.--Section 516 of title 38, United States Code, is amended-- (1) by striking subsection (g); and (2) by redesignating subsection (h) as subsection (g). (b) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report regarding the effect of the amendment under subsection (a). Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.

S.387

Public Lands and Natural Resources

Grand Canyon Protection Act This bill withdraws 1,006,545 acres of federal lands in Arizona, including any land or interest in land acquired by the United States after enactment of this bill, from The Government Accountability Office shall conduct a study of uranium stockpiles in the United States that are available to meet future national security requirements.

To protect, for current and future generations, the watershed, ecosystem, and cultural heritage of the Grand Canyon region in the State of Arizona, to provide for a study relating to the uranium stockpile in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Canyon Protection Act''. SEC. 2. WITHDRAWAL OF FEDERAL LAND FROM MINING LAWS. (a) Definition of Map.--In this section, the term ``Map'' means the Bureau of Land Management map entitled ``Grand Canyon Protection Act'' and dated January 22, 2021. (b) Withdrawal.--Subject to valid existing rights, the approximately 1,006,545 acres of Federal land in the State of Arizona within the area depicted on the Map, including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and mineral materials laws. (c) Availability of Map.--The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. SEC. 3. GAO STUDY ON DOMESTIC URANIUM STOCKPILES. (a) In General.--The Comptroller General of the United States shall conduct a study of uranium stockpiles in the United States that are available to meet future national security requirements. (b) Requirements.--The study conducted under subsection (a) shall identify-- (1)(A) existing and potential future national security program demands for uranium; and (B) existing and projected future inventories of domestic uranium that could be available to meet national security needs; and (2) the extent to which national security needs are capable of being met with existing uranium stockpiles. (c) Deadline for Completion of Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall provide a briefing on the study conducted under subsection (a) to-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Energy and Natural Resources of the Senate; (3) the Committee on Environment and Public Works of the Senate; (4) the Committee on Armed Services of the House of Representatives; (5) the Committee on Natural Resources of the House of Representatives; and (6) the Committee on Energy and Commerce of the House of Representatives. <all>

Grand Canyon Protection Act

A bill to protect, for current and future generations, the watershed, ecosystem, and cultural heritage of the Grand Canyon region in the State of Arizona, to provide for a study relating to the uranium stockpile in the United States, and for other purposes.

Grand Canyon Protection Act

Sen. Sinema, Kyrsten

D

AZ

This bill withdraws 1,006,545 acres of federal lands in Arizona, including any land or interest in land acquired by the United States after enactment of this bill, from The Government Accountability Office shall conduct a study of uranium stockpiles in the United States that are available to meet future national security requirements.

To protect, for current and future generations, the watershed, ecosystem, and cultural heritage of the Grand Canyon region in the State of Arizona, to provide for a study relating to the uranium stockpile in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Canyon Protection Act''. SEC. 2. WITHDRAWAL OF FEDERAL LAND FROM MINING LAWS. (a) Definition of Map.--In this section, the term ``Map'' means the Bureau of Land Management map entitled ``Grand Canyon Protection Act'' and dated January 22, 2021. (b) Withdrawal.--Subject to valid existing rights, the approximately 1,006,545 acres of Federal land in the State of Arizona within the area depicted on the Map, including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and mineral materials laws. (c) Availability of Map.--The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. SEC. 3. GAO STUDY ON DOMESTIC URANIUM STOCKPILES. (a) In General.--The Comptroller General of the United States shall conduct a study of uranium stockpiles in the United States that are available to meet future national security requirements. (b) Requirements.--The study conducted under subsection (a) shall identify-- (1)(A) existing and potential future national security program demands for uranium; and (B) existing and projected future inventories of domestic uranium that could be available to meet national security needs; and (2) the extent to which national security needs are capable of being met with existing uranium stockpiles. (c) Deadline for Completion of Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall provide a briefing on the study conducted under subsection (a) to-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Energy and Natural Resources of the Senate; (3) the Committee on Environment and Public Works of the Senate; (4) the Committee on Armed Services of the House of Representatives; (5) the Committee on Natural Resources of the House of Representatives; and (6) the Committee on Energy and Commerce of the House of Representatives. <all>

H.R.8652

International Affairs

Protecting our Land Act This bill requires the President to direct federal agencies to promulgate rules and regulations to prohibit foreign adversaries or state sponsors of terrorism from purchasing real estate located in the United States.

To prohibit the purchase of public or private real estate located in the United States by foreign adversaries and state sponsors of terrorism. Be it enacted by the Senate 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 our Land Act''. SECTION 2. PROHIBITION ON PURCHASE OF PUBLIC OR PRIVATE REAL ESTATE LOCATED IN THE UNITED STATES BY FOREIGN ADVERSARIES AND STATE SPONSORS OF TERRORISM. (a) In General.--Notwithstanding any other provision of law, the President shall direct the heads of the Federal departments and agencies to promulgate rules and regulations to prohibit the purchase of public or private real estate located in the United States by a foreign adversary, a state sponsor of terrorism, any agent or instrumentality of a foreign adversary or a state sponsor of terrorism, or any person owned or controlled by, or affiliated with, a foreign adversary or a state sponsor of terrorism. (b) Definitions.--In this section-- (1) the term ``foreign adversary'' means any foreign government or foreign nongovernment person engaged in a long- term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons; (2) the term ``state sponsor of terrorism'' means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (C) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (D) any other provision of law; and (3) the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. <all>

Protecting our Land Act

To prohibit the purchase of public or private real estate located in the United States by foreign adversaries and state sponsors of terrorism.

Protecting our Land Act

Rep. Steube, W. Gregory

R

FL

This bill requires the President to direct federal agencies to promulgate rules and regulations to prohibit foreign adversaries or state sponsors of terrorism from purchasing real estate located in the United States.

To prohibit the purchase of public or private real estate located in the United States by foreign adversaries and state sponsors of terrorism. Be it enacted by the Senate 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 our Land Act''. SECTION 2. PROHIBITION ON PURCHASE OF PUBLIC OR PRIVATE REAL ESTATE LOCATED IN THE UNITED STATES BY FOREIGN ADVERSARIES AND STATE SPONSORS OF TERRORISM. (a) In General.--Notwithstanding any other provision of law, the President shall direct the heads of the Federal departments and agencies to promulgate rules and regulations to prohibit the purchase of public or private real estate located in the United States by a foreign adversary, a state sponsor of terrorism, any agent or instrumentality of a foreign adversary or a state sponsor of terrorism, or any person owned or controlled by, or affiliated with, a foreign adversary or a state sponsor of terrorism. (b) Definitions.--In this section-- (1) the term ``foreign adversary'' means any foreign government or foreign nongovernment person engaged in a long- term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons; (2) the term ``state sponsor of terrorism'' means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (C) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (D) any other provision of law; and (3) the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. <all>

H.R.5744

Civil Rights and Liberties, Minority Issues

Customer Non-Discrimination Act This bill prohibits discrimination based on sex, sexual orientation, and gender identity with respect to public accommodations and facilities. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation. The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity. The bill also prohibits the provision of less favorable treatment with respect to pregnancy, childbirth or related medical conditions as compared to other physical conditions.

To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Customer Non-Discrimination Act''. SEC. 2. PUBLIC ACCOMMODATIONS. (a) Prohibition on Discrimination or Segregation in Public Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended-- (1) in subsection (a), by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``stadium'' and all that follows and inserting ``stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services; ``(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and''. (b) Prohibition on Discrimination or Segregation Under Law.-- Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. (c) Definitions and Rules of Construction.--Title II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following: ``SEC. 208. DEFINITIONS AND RULES. ``(a) Definitions.-- ``(1) Race; color; religion; sex; sexual orientation; gender identity; national origin.--The term `race', `color', `religion', `sex (including sexual orientation and gender identity)', or `national origin', used with respect to an individual, includes-- ``(A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. ``(4) Sex.--The term `sex' includes-- ``(A) a sex stereotype; ``(B) pregnancy, childbirth, or a related medical condition; ``(C) sexual orientation or gender identity; and ``(D) sex characteristics, including intersex traits. ``(5) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality. ``(b) Rules.--In this title-- ``(1) (with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and ``(2) (with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity. ``SEC. 209. RULES OF CONSTRUCTION. ``(a) Claims and Remedies Not Precluded.--Nothing in this title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation and gender identity), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including the Federal law amended by the Customer Non-Discrimination Act, regulation, or policy. ``(b) No Negative Inference.--Nothing in this title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. ``(c) Scope of an Establishment.--A reference in this title to an establishment-- ``(1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and ``(2) shall not be construed to be limited to a physical facility or place. ``SEC. 210. CLAIMS. ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title.''. <all>

Customer Non-Discrimination Act

To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes.

Customer Non-Discrimination Act

Rep. Watson Coleman, Bonnie

D

NJ

This bill prohibits discrimination based on sex, sexual orientation, and gender identity with respect to public accommodations and facilities. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation. The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity. The bill also prohibits the provision of less favorable treatment with respect to pregnancy, childbirth or related medical conditions as compared to other physical conditions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Customer Non-Discrimination Act''. SEC. 2. PUBLIC ACCOMMODATIONS. 2000a) is amended-- (1) in subsection (a), by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``stadium'' and all that follows and inserting ``stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services; ``(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and''. (b) Prohibition on Discrimination or Segregation Under Law.-- Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. (c) Definitions and Rules of Construction.--Title II of such Act (42 U.S.C. is amended by adding at the end the following: ``SEC. 208. ``(a) Definitions.-- ``(1) Race; color; religion; sex; sexual orientation; gender identity; national origin.--The term `race', `color', `religion', `sex (including sexual orientation and gender identity)', or `national origin', used with respect to an individual, includes-- ``(A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. 209. ``(b) No Negative Inference.--Nothing in this title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. ``(c) Scope of an Establishment.--A reference in this title to an establishment-- ``(1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and ``(2) shall not be construed to be limited to a physical facility or place. 210. CLAIMS. ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title.''.

H.R.6702

Health

Safeguarding Women's and Children's Health Act of 2022 This bill imposes reporting requirements relating to abortion drugs. The Food and Drug Administration (FDA) must require health care practitioners to report (1) any death or adverse event associated with the use of an abortion drug, whether or not the adverse event is considered drug-related; and (2) each time the practitioner prescribes, dispenses, or administers such a drug. The FDA must establish online portals for health care practitioners to report such information and for patients to self-report adverse events. The Centers for Disease Control and Prevention must aggregate the collected information and annually publish data about such drugs, including the number of prescriptions and adverse events occurring within 120 days of use.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Women's and Children's Health Act of 2022''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many data limitations affect the accuracy of statistics related to chemical abortions in the United States, and there is no central database tracking this information. (2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. (3) Some States with high volumes of abortion, such as California, do not report to the CDC. (4) Only 28 States require abortion providers to report complications, but there is rarely an enforced penalty for noncompliance. Only 12 States require other physicians, coroners, or emergency rooms to report complications or deaths for investigation, and frequently these facilities and physicians are unaware of these reporting requirements. (5) These data problems are a significant limitation to United States studies on abortion complications. (6) Women experiencing complications will often present to an emergency room rather than return to the abortion provider, and researchers frequently ignore the difficulty in obtaining accurate International Classification of Diseases coding in emergency rooms due to search engine failure to discover induced abortion codes, which leads to miscoding and frequently attributing induced abortion complications to spontaneous abortions. (7) When compared to surgical abortions, chemical abortions are over 50 percent more likely to result in an abortion- related visit to an emergency room, and by 2015, 60 percent of chemical abortion-related emergency room visits were incorrectly coded as miscarriages. (8) Better quality, international records-linkages studies, and meta-analyses document far higher rates of complications and mortality from abortion, casting doubt on the validity of the reported data by which United States public health decisions are made. (9) Independent systematic analysis of adverse event reports submitted to the Food and Drug Administration (FDA) between 2000 and 2019 revealed approximately 3,000 United States adverse events out of an expected 185,000 adverse events based on the known and published complication rate after mifepristone misoprostol abortions. Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. (11) In order to fulfil the statutory requirement of the FDA to oversee and evaluate the safety of mifepristone use as an abortifacient, substantial changes in the adverse event reporting for mifepristone must be implemented to obtain an accurate evaluation of the impact of mifepristone-related adverse events on United States women. SEC. 3. ACCURATE REPORTING ON CHEMICAL ABORTION AND RELATED ADVERSE EVENTS. (a) Reporting Requirements.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall require any abortion drug, including any abortion drug approved by the Food and Drug Administration before the date of enactment of this Act, to have a risk evaluation and mitigation strategy requiring that-- (1) within 15 days of becoming aware of any death or other adverse event in a patient associated with the use of such abortion drug, a health care provider shall-- (A) report such death or adverse event to the Food and Drug Administration and to the manufacturer of such abortion drug; and (B) identify in such reporting the patient by a nonidentifiable reference and the serial number from each package of such abortion drug if available; and (2) a health care practitioner who prescribes, dispenses, or administers such abortion drug shall-- (A) within 15 days of such prescribing, dispensing, or administering, report the action to the Food and Drug Administration and the Centers for Disease Control and Prevention; and (B) exclude from such reporting any individually identifiable patient information. (b) Portals.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) establish and maintain an online portal that allows health care practitioners to easily, confidentially, and securely report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission the information required by subsection (a) to be reported; and (2) establish and maintain an online portal that allows patients to easily, confidentially, and securely self-report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission any adverse events the patients have experienced that are associated with use of an abortion drug. (c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. (2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. (3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. SEC. 4. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. The Public Health Service Act is amended by inserting after section 317U of such Act (42 U.S.C. 247b-23) the following: ``SEC. 317V. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) collect and aggregate in a standardized format information that is reported pursuant to section 3 of the Safeguarding Women's and Children's Health Act of 2022 with respect to abortion drugs; ``(2) make such information available in accordance with section 552 of title 5, United States Code; and ``(3) annually publish-- ``(A) the number of abortion drugs prescribed in the United States; ``(B) the number of abortion drugs that are shipped directly to prescribers and to patients; ``(C) the total number of deaths that occurred within 120 days of ingestion of an abortion drug, regardless of causal attribution, and the cause of death; ``(D) the total number of serious adverse events that occurred within 120 days of ingestion of an abortion drug; ``(E) the number of times each such serious adverse event occurred; ``(F) the total number of all adverse events that occurred within 120 days of ingestion of an abortion drug, stratified by the Common Terminology for Coding Adverse Events (or any successor publication) criteria for severity grading; and ``(G) the number of times abortion drug ingestion resulted in an incomplete abortion. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(d) Definitions.--In this section: ``(1) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic or molar pregnancy. ``(2) The term `adverse event' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. ``(3) The term `serious adverse event' means an adverse event that meets Common Terminology for Coding Adverse Events criteria (or any successor publication) for level 3 or above. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''. <all>

Safeguarding Women’s and Children’s Health Act of 2022

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes.

Safeguarding Women’s and Children’s Health Act of 2022

Rep. Walorski, Jackie

R

IN

This bill imposes reporting requirements relating to abortion drugs. The Food and Drug Administration (FDA) must require health care practitioners to report (1) any death or adverse event associated with the use of an abortion drug, whether or not the adverse event is considered drug-related; and (2) each time the practitioner prescribes, dispenses, or administers such a drug. The FDA must establish online portals for health care practitioners to report such information and for patients to self-report adverse events. The Centers for Disease Control and Prevention must aggregate the collected information and annually publish data about such drugs, including the number of prescriptions and adverse events occurring within 120 days of use.

SHORT TITLE. This Act may be cited as the ``Safeguarding Women's and Children's Health Act of 2022''. 2. Only 12 States require other physicians, coroners, or emergency rooms to report complications or deaths for investigation, and frequently these facilities and physicians are unaware of these reporting requirements. (5) These data problems are a significant limitation to United States studies on abortion complications. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. 3. ACCURATE REPORTING ON CHEMICAL ABORTION AND RELATED ADVERSE EVENTS. (b) Portals.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) establish and maintain an online portal that allows health care practitioners to easily, confidentially, and securely report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission the information required by subsection (a) to be reported; and (2) establish and maintain an online portal that allows patients to easily, confidentially, and securely self-report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission any adverse events the patients have experienced that are associated with use of an abortion drug. (2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. SEC. 4. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(d) Definitions.--In this section: ``(1) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic or molar pregnancy.

S.2493

Health

Provider Relief Fund Deadline Extension Act This bill extends the period during which health care providers may use payments received from the Provider Relief Fund to cover a variety of costs related to COVID-19.

To extend the deadline for eligible health care providers to use certain funds received from the COVID-19 Provider Relief Fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Provider Relief Fund Deadline Extension Act''. SEC. 2. EXTENSION OF DEADLINE FOR ELIGIBLE HEALTH CARE PROVIDERS TO USE CERTAIN FUNDS RECEIVED FROM THE COVID-19 PROVIDER RELIEF FUND. (a) Extension of Deadline.-- (1) Payment received period 1.--Effective June 29, 2021, the deadline by which an eligible health care provider is required to use such reimbursements from the Provider Relief Fund received by such provider during the covered payment received period shall be extended until the later of-- (A) the end of the COVID-19 public health emergency period; or (B) December 31, 2021. (2) Adjustment of reporting time period.--The Secretary of Health and Human Services shall make appropriate adjustments to the reporting time period established by the Secretary that is applicable to eligible health care providers with respect to the use of reimbursements from the Provider Relief Fund received during the covered payment received period to reflect the deadline established in paragraph (1) for the use of such reimbursements received during such covered payment received period. (b) Definitions.--In this section: (1) Covered payment received period.--The term ``covered payment received period'' means, with respect to the Payment Received Periods referred to in the Provider Relief Fund Guidance, the payments beginning on April 10, 2020, and ending on June, 30, 2020. (2) COVID-19 public health emergency period.--The term ``COVID-19 public health emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). (3) Eligible health care provider.--The term ``eligible health care provider'' has the meaning given such term in the third proviso of the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the CARES Act (Public Law 116-136). (4) Provider relief fund.--The term ``Provider Relief Fund'' means the program to prevent, prepare for, and respond to COVID-19, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attributable to COVID-19 for which appropriations are made-- (A) under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in title VIII of division B of the CARES Act (Public Law 116-136); and (B) under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139). (5) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' means the guidance titled, ``Provider Relief Fund General and Targeted Distribution Post-Payment Notice of Reporting Requirement'', and issued by the Secretary of Health and Human Services on June 11, 2021. <all>

Provider Relief Fund Deadline Extension Act

A bill to extend the deadline for eligible health care providers to use certain funds received from the COVID-19 Provider Relief Fund, and for other purposes.

Provider Relief Fund Deadline Extension Act

Sen. Bennet, Michael F.

D

CO

This bill extends the period during which health care providers may use payments received from the Provider Relief Fund to cover a variety of costs related to COVID-19.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Provider Relief Fund Deadline Extension Act''. SEC. EXTENSION OF DEADLINE FOR ELIGIBLE HEALTH CARE PROVIDERS TO USE CERTAIN FUNDS RECEIVED FROM THE COVID-19 PROVIDER RELIEF FUND. (2) Adjustment of reporting time period.--The Secretary of Health and Human Services shall make appropriate adjustments to the reporting time period established by the Secretary that is applicable to eligible health care providers with respect to the use of reimbursements from the Provider Relief Fund received during the covered payment received period to reflect the deadline established in paragraph (1) for the use of such reimbursements received during such covered payment received period. (b) Definitions.--In this section: (1) Covered payment received period.--The term ``covered payment received period'' means, with respect to the Payment Received Periods referred to in the Provider Relief Fund Guidance, the payments beginning on April 10, 2020, and ending on June, 30, 2020. (2) COVID-19 public health emergency period.--The term ``COVID-19 public health emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). (3) Eligible health care provider.--The term ``eligible health care provider'' has the meaning given such term in the third proviso of the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the CARES Act (Public Law 116-136). (4) Provider relief fund.--The term ``Provider Relief Fund'' means the program to prevent, prepare for, and respond to COVID-19, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attributable to COVID-19 for which appropriations are made-- (A) under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in title VIII of division B of the CARES Act (Public Law 116-136); and (B) under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139). (5) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' means the guidance titled, ``Provider Relief Fund General and Targeted Distribution Post-Payment Notice of Reporting Requirement'', and issued by the Secretary of Health and Human Services on June 11, 2021.

S.1372

Animals

Sustainable Shark Fisheries and Trade Act of 2021 This bill addresses the conservation and management of sharks. The bill prohibits the importation into the United States of shark products from a nation that does not have measures to provide for the conservation and management of sharks and measures to prohibit shark finning (the removal of a shark's fins, including the tail, and discarding the remainder of the shark at sea) that are comparable to those of the United States. The bill includes exceptions to this prohibition for law enforcement, subsistence purposes, education, conservation, or scientific research. The Department of Commerce must certify nations with protections for sharks that are comparable to those of the United States. Commerce must revise its regulations to include rays and skates as species that are subject to the Seafood Import Monitoring Program. (The Seafood Import Monitoring Program has data reporting and recordkeeping requirements for imported fish or fish products entering U.S. commerce.)

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Shark Fisheries and Trade Act of 2021''. SEC. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION. Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended-- (1) in subsection (a)(2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) that nation or any individual or entity from that nation has imported shark products into the United States or seeks to import shark products into the United States; and''; and (B) in subparagraph (B)-- (i) by striking ``adopted'' and inserting ``sought and obtained, not later than the effective date specified in paragraph (8) of subsection (g), a certification from the Secretary under that subsection that the nation has in effect''; and (ii) by striking ``, taking into account different conditions''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to nations identified under subsection (a)(2).''; (4) in subsection (d)-- (A) in paragraph (1), by inserting ``or (g)'' after ``under subsection (c)''; and (B) in paragraph (3), by inserting ``or (g)'' after ``under subsection (c)''; and (5) by adding at the end the following: ``(g) Shark Conservation and Trade Fairness Certification.-- ``(1) Prohibition on importation.-- ``(A) In general.--Except as provided in subparagraph (B), shark products may not be imported into the United States unless the shark products were landed in a nation to which the Secretary has issued a certification or partial certification under paragraph (2). ``(B) Exceptions.--The prohibition under subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct noncommercial scientific research. ``(2) Certifications.--Pursuant to the regulations prescribed under paragraph (5), the Secretary-- ``(A) shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States; and ``(B) may grant a partial certification to a nation if the Secretary determines that the nation-- ``(i) has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the United States to provide for the conservation and management of a specific species of shark imported into the United States or used to produce shark products imported into the United States; and ``(ii) has in effect an effective ban on shark finning that is comparable to that of the United States. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for not more than 3 years from the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection not later than 180 days after the submission of the application for renewal or the petition for revocation, as the case may be. ``(5) Regulations.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021, the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, with respect to the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). Such regulations shall-- ``(i) prescribe the content and format of applications and standards for the information to be provided in such applications; and ``(ii) establish a process for petitioning the Secretary for revocation of the certification or partial certification of any nation, including standards for the information required to be provided to demonstrate that the nation no longer meets the criteria established under this subsection for the certification. ``(B) Criteria for certification or partial certification.--The regulations prescribed under subparagraph (A) shall establish criteria for determining whether a nation has and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States, which shall include, at a minimum, a requirement that such programs-- ``(i) be consistent with the national standards for fishery conservation and management set forth at section 301(a) of the Magnuson-Stevens Conservation and Management Act (16 U.S.C. 1851(a)); ``(ii) provide for regularly updated management plans, scientifically established catch limits, and bycatch assessments and minimization; ``(iii) include a program to prevent overfishing of sharks and rebuild overfished stocks; ``(iv) require reporting and data collection; ``(v) be consistent with the International Plan of Action for Conservation and Management of Sharks of the Food and Agriculture Organization of the United Nations; and ``(vi) include a mechanism to ensure that, if the nation allows landings of sharks by foreign vessels that are not subject to such programs, only shark products that comply with such programs are exported to the United States. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(7) Final agency action.--A decision of the Secretary with respect to the issuance, renewal, or revocation of a certification or partial certification under this subsection, or a failure to make a determination under paragraph (4) in the time required by that paragraph, shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code. ``(8) Effective date.--The prohibition under paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are prescribed under paragraph (5); or ``(B) the date that is 3 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. ``(9) Definitions.--In this subsection: ``(A) Shark.--The term `shark' means any species of the subclass Elasmobranchii. ``(B) Shark product.--The term `shark product' means live sharks, whole sharks, and the meat, skin, oil, fins (including wings and tails), gill rakers, cartilage, jaws, teeth, liver, or any product containing meat, skin, oil, fins (including wings and tails), gill rakers, cartilage, jaws, teeth, or liver derived from sharks. ``(C) Shark finning.--The term `shark finning' means the removal of a shark's fins, including the tail, and discarding the remaining carcass of the shark at sea.''. SEC. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. Section 608(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i(a)) is amended-- (1) in paragraph (1), by striking subparagraph (F) and inserting the following: ``(F) to adopt shark conservation and management measures and measures to prevent shark finning that are consistent with the International Plan of Action for Conservation and Management of Sharks of the Food and Agriculture Organization of the United Nations;''; and (2) by striking paragraph (3) and inserting the following: ``(3) seeking to enter into international agreements that require measures for the conservation and management of sharks and measures to prevent shark finning that are consistent with the International Plan of Action for Conservation and Management of Sharks; and''. SEC. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations to include rays and skates on the list provided for under subsection (a)(2) of that section. SEC. 5. RULES OF CONSTRUCTION. (a) Additional or More Stringent Requirements.--Nothing in this Act, or an amendment made by this Act, shall be construed to preempt any Federal or State law establishing additional or more stringent requirements than the requirements of subsection (g) of section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k), as added by section 3. (b) Agency Responsibilities.--Nothing in this Act, or an amendment made by this Act, shall be construed to infringe on the duties of any agency other than the Department of Commerce, or to impose additional duties, in enforcing the agency's responsibilities related to imports. SEC. 6. FUNDING. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027. <all>

Sustainable Shark Fisheries and Trade Act of 2021

A bill to amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks, and for other purposes.

Sustainable Shark Fisheries and Trade Act of 2021

Sen. Rubio, Marco

R

FL

This bill addresses the conservation and management of sharks. The bill prohibits the importation into the United States of shark products from a nation that does not have measures to provide for the conservation and management of sharks and measures to prohibit shark finning (the removal of a shark's fins, including the tail, and discarding the remainder of the shark at sea) that are comparable to those of the United States. The bill includes exceptions to this prohibition for law enforcement, subsistence purposes, education, conservation, or scientific research. The Department of Commerce must certify nations with protections for sharks that are comparable to those of the United States. Commerce must revise its regulations to include rays and skates as species that are subject to the Seafood Import Monitoring Program. (The Seafood Import Monitoring Program has data reporting and recordkeeping requirements for imported fish or fish products entering U.S. commerce.)

SHORT TITLE. This Act may be cited as the ``Sustainable Shark Fisheries and Trade Act of 2021''. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION. Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended-- (1) in subsection (a)(2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) that nation or any individual or entity from that nation has imported shark products into the United States or seeks to import shark products into the United States; and''; and (B) in subparagraph (B)-- (i) by striking ``adopted'' and inserting ``sought and obtained, not later than the effective date specified in paragraph (8) of subsection (g), a certification from the Secretary under that subsection that the nation has in effect''; and (ii) by striking ``, taking into account different conditions''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to nations identified under subsection (a)(2). Such regulations shall-- ``(i) prescribe the content and format of applications and standards for the information to be provided in such applications; and ``(ii) establish a process for petitioning the Secretary for revocation of the certification or partial certification of any nation, including standards for the information required to be provided to demonstrate that the nation no longer meets the criteria established under this subsection for the certification. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(C) Shark finning.--The term `shark finning' means the removal of a shark's fins, including the tail, and discarding the remaining carcass of the shark at sea.''. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. 5. (b) Agency Responsibilities.--Nothing in this Act, or an amendment made by this Act, shall be construed to infringe on the duties of any agency other than the Department of Commerce, or to impose additional duties, in enforcing the agency's responsibilities related to imports. SEC. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

H.R.7151

Labor and Employment

Ensuring Sound Guidance Act This bill generally requires investment advisors and fiduciaries of employer-sponsored retirement plans to make investment decisions based only on pecuniary factors (i.e., factors that a fiduciary prudently determines are expected to have a material effect on the risk and return of an investment based on appropriate investment horizons consistent with the plan's policies and objectives). The bill allows nonpecuniary factors to be considered in certain situations, such as when a customer specifically requests that these factors be considered or when selecting investment options for certain participant-directed retirement plans.

To amend the Investment Advisers Act of 1940 and the Employment Retirement Income Security Act of 1974 to specify that only pecuniary factors are to be taken into account in determining best interest, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Sound Guidance Act''. SEC. 2. INVESTMENT ADVISORS ACT OF 1940 AMENDMENT. (a) In General.--Section 211(g) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-11(g)) is amended by adding at the end the following: ``(3) Best interest based on pecuniary factors.--For purposes of paragraph (1), the best interest of a customer shall be determined using only pecuniary factors, unless the customer specifically requests that non-pecuniary factors be considered.''. (b) Rulemaking.--Not later than the end of the 12-month period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall revise or issue such rules as may be necessary to implement the amendment made by subsection (a). SEC. 3. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 AMENDMENT. Section 404(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following: ``(3) Interest based on pecuniary factors.-- ``(A) In general.--For purposes of paragraph (1), a fiduciary of a plan shall be considered to act solely in the interest of the participants and beneficiaries of the plan with respect to a plan investment or investment course of action only if the fiduciary's action with respect to such investment is based only on pecuniary factors. The fiduciary may not subordinate the interests of the participants and beneficiaries in their retirement income or financial benefits under the plan to other objectives and may not sacrifice investment return or take on additional investment risk to promote non-pecuniary benefits or goals. The weight given to any pecuniary factor by a fiduciary should appropriately reflect a prudent assessment of the impact of such factor on risk-return. ``(B) Investment alternatives for participant- directed individual account plans.--In selecting investment options for a pension plan described in subsection (c)(1)(A), a fiduciary is not prohibited from considering or including an investment option on the basis that such investment option promotes non- pecuniary benefits or goals, provided that the fiduciary-- ``(i) satisfies the requirements of paragraph (1) and subparagraph (A) in considering or including any such investment option; and ``(ii) does not consider or include such investment option as a default investment (as defined in the regulations issued by the Secretary under subsection (c)(5)(A)), or a component thereof. ``(C) Pecuniary factor defined.--For the purposes of this paragraph, the term `pecuniary factor' means a factor that a fiduciary prudently determines is expected to have a material effect on the risk and return of an investment based on appropriate investment horizons consistent with the plan's investment objectives and the funding policy established pursuant to section 402(b)(1).''. SEC. 4. PROHIBITION OF RULE RELATED TO FIDUCIARY PRUDENCE AND LOYALTY. The Secretary of Labor may not finalize, implement, administer, or enforce the proposed rule entitled ``Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights'' (86 Fed. Reg. 57272) and dated October 14, 2021. <all>

Ensuring Sound Guidance Act

To amend the Investment Advisers Act of 1940 and the Employment Retirement Income Security Act of 1974 to specify that only pecuniary factors are to be taken into account in determining best interest, and for other purposes.

Ensuring Sound Guidance Act

Rep. Barr, Andy

R

KY

This bill generally requires investment advisors and fiduciaries of employer-sponsored retirement plans to make investment decisions based only on pecuniary factors (i.e., factors that a fiduciary prudently determines are expected to have a material effect on the risk and return of an investment based on appropriate investment horizons consistent with the plan's policies and objectives). The bill allows nonpecuniary factors to be considered in certain situations, such as when a customer specifically requests that these factors be considered or when selecting investment options for certain participant-directed retirement plans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Sound Guidance Act''. 2. INVESTMENT ADVISORS ACT OF 1940 AMENDMENT. 80b-11(g)) is amended by adding at the end the following: ``(3) Best interest based on pecuniary factors.--For purposes of paragraph (1), the best interest of a customer shall be determined using only pecuniary factors, unless the customer specifically requests that non-pecuniary factors be considered.''. (b) Rulemaking.--Not later than the end of the 12-month period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall revise or issue such rules as may be necessary to implement the amendment made by subsection (a). Section 404(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following: ``(3) Interest based on pecuniary factors.-- ``(A) In general.--For purposes of paragraph (1), a fiduciary of a plan shall be considered to act solely in the interest of the participants and beneficiaries of the plan with respect to a plan investment or investment course of action only if the fiduciary's action with respect to such investment is based only on pecuniary factors. The fiduciary may not subordinate the interests of the participants and beneficiaries in their retirement income or financial benefits under the plan to other objectives and may not sacrifice investment return or take on additional investment risk to promote non-pecuniary benefits or goals. The weight given to any pecuniary factor by a fiduciary should appropriately reflect a prudent assessment of the impact of such factor on risk-return. ``(B) Investment alternatives for participant- directed individual account plans.--In selecting investment options for a pension plan described in subsection (c)(1)(A), a fiduciary is not prohibited from considering or including an investment option on the basis that such investment option promotes non- pecuniary benefits or goals, provided that the fiduciary-- ``(i) satisfies the requirements of paragraph (1) and subparagraph (A) in considering or including any such investment option; and ``(ii) does not consider or include such investment option as a default investment (as defined in the regulations issued by the Secretary under subsection (c)(5)(A)), or a component thereof. SEC. 4. PROHIBITION OF RULE RELATED TO FIDUCIARY PRUDENCE AND LOYALTY. The Secretary of Labor may not finalize, implement, administer, or enforce the proposed rule entitled ``Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights'' (86 Fed. Reg. 57272) and dated October 14, 2021.

S.294

Civil Rights and Liberties, Minority Issues

Parental Notification and Intervention Act This bill restricts the performance of an abortion on an unemancipated minor under 18 years of age. Specifically, it prohibits a person or organization from performing, facilitating, or assisting with an abortion on an unemancipated minor without first complying with certain requirements, including parental notification and a 96-hour waiting period. It establishes penalties—a fine, up to one year in prison, or both—for each willful violation. A parent who is required to be notified of an abortion of an unemancipated minor may sue in federal court to prohibit the abortion. Parental notification requirements may be waived in a medical emergency or in a case of physical abuse.

To provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Notification and Intervention Act''. SEC. 2. PARENTAL NOTIFICATION. (a) In General.--It shall be unlawful for any person or organization in or affecting interstate or foreign commerce or who solicits or accepts Federal funds to perform any abortion on an unemancipated minor under the age of 18, to permit the facilities of the person or organization to be used to perform any abortion on such a minor, or to assist in the performance of any abortion on such a minor if the person or organization has failed to comply with all of the following requirements: (1) The provision of written notification to the parents (as defined in subsection (f)) of the minor informing the parents that an abortion has been requested for the minor, except that such notification is not required for a parent if the physician is presented with documentation showing with a reasonable degree of certainty that a court of record in the minor's State of residence has waived any parental notification. The court of record shall not waive any parental notification requirement unless there is clear and convincing evidence of physical abuse of the minor by such parent. (2) Compliance with a 96-hour waiting period after notice has been received by the parents. (3) Compliance with any injunction granted under section 3 relating to the abortion. (b) Fine for Violation.--Whoever willfully violates subsection (a) shall be fined not more than $100,000 or imprisoned not more than one year, or both, for each violation. (c) Exception.--Subsection (a) shall not apply with respect to an unemancipated minor for whom an abortion is sought if a physician (other than the physician with principal responsibility for making the decision to perform the abortion) makes a determination that-- (1) a medical emergency exists which, with reasonable medical certainty, so complicates the medical condition of the minor that the death of the minor would result from the failure to immediately treat her physical condition even though the treatment may result in the death of her unborn child; (2) parental notification is not possible as a result of the medical emergency; and (3) certifications regarding compliance with paragraphs (1) and (2) have been entered in the medical records of the minor, together with the reasons upon which the determinations are based, including a statement of relevant clinical findings. (d) Parental Notification Requirements.--For purposes of this section, any parental notification provided to comply with the provisions of subsection (a) for a parent shall be-- (1) delivered personally to the parent; or (2) provided through certified mail in accordance with all of the following procedures: (A) The certified mail is addressed to the parent. (B) The address used is the dwelling or usual place of abode of the parent. (C) A return receipt is requested. (D) The delivery is restricted to the parent. (e) Limitation.--A mother seeking an abortion, or upon whom an abortion is performed, may not be found liable for a violation of this section. (f) Parent Defined To Include Legal Guardian.--For purposes of this Act, the term ``parent'' includes, with respect to an unemancipated minor, any legal guardian of the minor. SEC. 3. PARENTAL INTERVENTION. Any parent required to be notified pursuant to section 2 regarding an abortion of an unemancipated minor may bring an action in the Federal district court where the parent resides or where the unemancipated minor is located to enjoin the performance of the abortion. The court shall issue a temporary injunction barring the performance of the abortion until the issue has been adjudicated and the judgment is final. The court shall issue relief permanently enjoining the abortion unless the court determines that granting such relief would be unlawful. SEC. 4. PREEMPTION. Nothing in this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater parental notification requirements or intervention rights regarding abortion than those provided under this Act. SEC. 5. EFFECTIVE DATE AND SEVERABILITY. (a) Effective Date.--The provisions of this Act shall take effect upon its enactment. (b) Severability.--The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. <all>

Parental Notification and Intervention Act

A bill to provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion.

Parental Notification and Intervention Act

Sen. Braun, Mike

R

IN

This bill restricts the performance of an abortion on an unemancipated minor under 18 years of age. Specifically, it prohibits a person or organization from performing, facilitating, or assisting with an abortion on an unemancipated minor without first complying with certain requirements, including parental notification and a 96-hour waiting period. It establishes penalties—a fine, up to one year in prison, or both—for each willful violation. A parent who is required to be notified of an abortion of an unemancipated minor may sue in federal court to prohibit the abortion. Parental notification requirements may be waived in a medical emergency or in a case of physical abuse.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. PARENTAL NOTIFICATION. (2) Compliance with a 96-hour waiting period after notice has been received by the parents. (b) Fine for Violation.--Whoever willfully violates subsection (a) shall be fined not more than $100,000 or imprisoned not more than one year, or both, for each violation. (c) Exception.--Subsection (a) shall not apply with respect to an unemancipated minor for whom an abortion is sought if a physician (other than the physician with principal responsibility for making the decision to perform the abortion) makes a determination that-- (1) a medical emergency exists which, with reasonable medical certainty, so complicates the medical condition of the minor that the death of the minor would result from the failure to immediately treat her physical condition even though the treatment may result in the death of her unborn child; (2) parental notification is not possible as a result of the medical emergency; and (3) certifications regarding compliance with paragraphs (1) and (2) have been entered in the medical records of the minor, together with the reasons upon which the determinations are based, including a statement of relevant clinical findings. (B) The address used is the dwelling or usual place of abode of the parent. (C) A return receipt is requested. (D) The delivery is restricted to the parent. (e) Limitation.--A mother seeking an abortion, or upon whom an abortion is performed, may not be found liable for a violation of this section. (f) Parent Defined To Include Legal Guardian.--For purposes of this Act, the term ``parent'' includes, with respect to an unemancipated minor, any legal guardian of the minor. 3. PARENTAL INTERVENTION. Any parent required to be notified pursuant to section 2 regarding an abortion of an unemancipated minor may bring an action in the Federal district court where the parent resides or where the unemancipated minor is located to enjoin the performance of the abortion. The court shall issue a temporary injunction barring the performance of the abortion until the issue has been adjudicated and the judgment is final. The court shall issue relief permanently enjoining the abortion unless the court determines that granting such relief would be unlawful. 4. PREEMPTION. Nothing in this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater parental notification requirements or intervention rights regarding abortion than those provided under this Act. SEC. 5. EFFECTIVE DATE AND SEVERABILITY. (b) Severability.--The provisions of this Act shall be severable.

H.R.1370

Health

Equitable Data Collection and Disclosure on COVID-19 Act of 2021 This bill expands data collection and reporting on demographic information and disparities related to COVID-19 (i.e., coronavirus disease 2019). During the COVID-19 emergency, the Centers for Disease Control and Prevention (CDC) and the Centers for Medicare & Medicaid Services must publish data on COVID-19 testing, treatment, vaccinations, and outcomes on the CDC website. They must update the data daily and disaggregate it by race, ethnicity, and other demographic factors. In addition, the Indian Health Service must consult with tribal nations about COVID-19 data collection and reporting. The Department of Health and Human Services must make a summary of final statistics related to COVID-19 publicly available and report specified information to Congress within 60 days of the end of the COVID-19 emergency. The bill also establishes the Commission on Ensuring Data for Health Equity. The commission must determine approaches to using data to reduce disparities in health outcomes, including specifically with respect to COVID-19. In addition, it must provide recommendations to improve demographic data collection and use in future public health emergencies.

To require the Centers for Disease Control and Prevention to collect and report certain data concerning COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Data Collection and Disclosure on COVID-19 Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The World Health Organization (WHO) declared COVID-19 a ``Public Health Emergency of International Concern'' on January 30, 2020. By late January 2021, there have been over 22,000,000 confirmed cases of, and 383,351 deaths associated with, COVID- 19 in the United States. (2) From the beginning of this pandemic, Black, Brown, and American Indian/Alaska Native (in this section referred to as ``AI/AN'') people in the United States have suffered the largest burden of illness, hospitalization, and death from COVID-19. The Centers for Disease Control and Prevention (CDC) reports that AI/AN people are 4 times as likely as White people to be hospitalized for COVID-19, and that Black and Hispanic/ Latino people are 2.8 times as likely to die of COVID-19 as White people. (3) Historically, structures and systems such as racism, ableism, and class oppression have rendered affected Black and Brown communities more vulnerable to inequities and have prevented people from achieving optimal health even when there is not a crisis of pandemic proportions, highlighting that racism and not race presents as a risk factor driving inequities in illness and death. (4) Significant differences in access to health care, specifically to primary health care providers, health care information, and greater perceived discrimination in health care place Black, Brown, and AI/AN communities, individuals with disabilities, and Limited English Proficient individuals at greater risk of receiving delayed, and perhaps poorer, health care. (5) Stark racial inequities across the United States, including unequal access to stable housing, quality education, and decent employment, significantly impact the ability of Black, Hispanic/Latinx, and AI/AN individuals to take care of their most basic health needs. Black and Brown communities are more likely to experience homelessness and struggle with low- paying jobs or unemployment. An analysis by the University of New Hampshire found that in every month between March and August 2020, Black and Latino workers had significantly higher unemployment rates than White workers, even after adjusting for age and education status. (6) Black, Hispanic/Latinx, and AI/AN communities experience higher rates of chronic disease and disabilities, such as diabetes, hypertension, and asthma, than non-Hispanic White communities, which predisposes them to greater risk of complications and mortality should they contract COVID-19. (7) Research experts recognize that there are underlying differences in illness and death when each of these factors is examined through socioeconomic and racial or ethnic lenses. These socially determinant factors of health accelerate disease and degradation. (8) Language barriers are highly correlated with medication noncompliance and inconsistent engagement with health systems. Without language accessibility data and research around COVID- 19, communities with limited English proficiency are less likely to receive critical testing and preventive health services. Yet, to date, the Centers for Disease Control and Prevention does not disseminate COVID-19 messaging in critical languages, including Mandarin Chinese, Spanish, and Korean within the same timeframe as information in English despite requirements to ensure limited English proficient populations are not discriminated against under title VI of the Civil Rights Act of 1964 and subsequent laws and Federal policies. (9) Further, it is critical to disaggregate data further by ancestry to address disparities among Asian American, Native Hawaiian, and Pacific Islander groups. According to the National Equity Atlas, while 13 percent of the Asian population overall lived in poverty in 2015, 39 percent of Burmese people, 29 percent of Hmong people, and 21 percent of Pacific Islanders lived in poverty. (10) Utilizing disaggregation of enrollment in Affordable Care Act-sponsored health insurance, the Asian and Pacific Islander American Health Forum found that prior to the passage of the Patient Protection and Affordable Care Act (Public Law 111-148), Korean Americans had a high uninsured rate of 23 percent, compared to just 12 percent for all Asian Americans. Developing targeted outreach efforts assisted 1,000,000 people and resulted in a 56 percent decrease in the uninsured among the Asian, Native Hawaiian, and Pacific Islander population. Such efforts show that disaggregated data is essential to public health mobilizations efforts. (11) Without clear understanding of how COVID-19 impacts marginalized racial and ethnic communities, there will be exacerbated risk of endangering the most historically vulnerable of our Nation. A recent national study found that American Indian/Alaska Natives were 3.5 times more likely to be infected with COVID-19, however that data excluded 27 States as they had reported less than 70 percent of race/ethnicity data to the Centers for Disease Control and Prevention making it impossible to include them in the analysis thus creating a significant data gap for understanding the impact of COVID-19 on this vulnerable population. (12) The consequences of misunderstanding the racial and ethnic impact of COVID-19 expound beyond communities of color such that it would impact all. (13) Race and ethnicity are valuable research and practice variables when used and interpreted appropriately. Health data collected on patients by race and ethnicity will boost and more efficiently direct critical resources and inform risk communication development in languages and at appropriate health literacy levels, which resonate with historically vulnerable communities of color. (14) To date, race and ethnicity data on COVID-19 cases, test, hospitalizations, deaths, and vaccinations is incomplete and lacking. The inconsistency of data collection by Federal, State, and local health authorities poses a threat to analysis and synthesis of the pandemic impact on Black, Hispanic/Latinx, and AI/AN communities. However, research and medical experts of Historically Black Colleges and Universities and Tribal Colleges and Universities, academic health care institutions which are historically and geographically embedded in minoritized and marginalized communities, generally also possess rapport with the communities they serve. They are well- positioned, as trusted thought leaders and health care service providers, to collect data and conduct research toward creating holistic solutions to remedy the inequitable impact of this and future public health crises. (15) Well-designed, ethically sound research aligns with the goals of medicine, addresses questions relevant to the population among whom the study will be carried out, balances the potential for benefit against the potential for harm, employs study designs that will yield scientifically valid and significant data, and generates useful knowledge. (16) The dearth of racially and ethnically disaggregated data reflecting the health of Black, Hispanic/Latinx, and AI/AN communities underlies the challenges of a fully informed public health response. (17) Without collecting race and ethnicity data associated with COVID-19 vaccinations, testing, hospitalizations, morbidities, and mortalities, as well as publicly disclosing it, Black, Hispanic/Latinx, and AI/AN communities will remain at greater risk of disease and death. SEC. 3. EMERGENCY FUNDING FOR FEDERAL DATA COLLECTION ON THE RACIAL, ETHNIC, AND OTHER DEMOGRAPHIC DISPARITIES OF COVID-19. To conduct or support data collection on the racial, ethnic, and other demographic implications of COVID-19 in the United States and its territories, including support to assist in the capacity building for State and local public health departments to collect and transmit racial, ethnic, and other demographic data to the relevant Department of Health and Human Services agencies, there is authorized to be appropriated-- (1) to the Centers for Disease Control and Prevention, $12,000,000; (2) to State and territorial public health agencies, distributed proportionally based on the total population of their residents who are enrolled in Medicaid or who have no health insurance, $15,000,000; (3) to the Indian Health Service, Indian Tribes and Tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act), and urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act), $3,000,000; (4) to the Centers for Medicare & Medicaid Services, $5,000,000; (5) to the Food and Drug Administration, $5,000,000; (6) to the Agency for Healthcare Research and Quality, $5,000,000; and (7) to the Office of the National Coordinator for Health Information Technology, $5,000,000. SEC. 4. COVID-19 DATA COLLECTION AND DISCLOSURE. (a) Data Collection.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention and the Administrator of the Centers for Medicare & Medicaid Services, shall make publicly available on the website of the Centers for Disease Control and Prevention data collected across all surveillance systems relating to COVID-19, disaggregated by race, ethnicity, sex, age, primary language, socioeconomic status, disability status, and county, including the following: (1) Data related to all COVID-19 testing, including the number of individuals tested and the number of tests that were positive. (2) Data related to treatment for COVID-19, including hospitalizations and intensive care unit admissions. (3) Data related to COVID-19 outcomes, including total fatalities and case fatality rates (expressed as the proportion of individuals who were infected with COVID-19 and died from the virus). (4) Data related to COVID-19 vaccinations, including-- (A) the number of vaccines administered; (B) the number of vaccinations offered, accepted, and refused; (C) the most common reasons for refusal; and (D) the percentage of vaccine doses allocated and administered to each priority group. (b) Application of Standards.--To the extent practicable, data collection under this section shall follow standards developed by the Department of Health and Human Services Office of Minority Health and be collected, analyzed, and reported in accordance with the standards promulgated by the Assistant Secretary for Planning and Evaluation under title XXXI of the Public Health Service Act (42 U.S.C. 300kk et seq.). (c) Timeline.--The data made available under this section shall be updated on a daily basis throughout the public health emergency. (d) Privacy.--In publishing data under this section, the Secretary shall take all necessary steps to protect the privacy of individuals whose information is included in such data, including-- (1) complying with privacy protections provided under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996; and (2) protections from all inappropriate internal use by an entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from inappropriate uses. (e) Indian Health Service.--The Indian Health Service shall consult with Indian Tribes and confer with urban Indian organizations on data collection and reporting for purposes of this Act. (f) Summary.--Not later than 60 days after the date on which the Secretary certifies that the public health emergency related to COVID- 19 has ended, the Secretary shall make publicly available a summary of the final statistics related to COVID-19. (g) Report.--Not later than 60 days after the date on which the Secretary certifies that the public health emergency related to COVID- 19 has ended, the Department of Health and Human Services shall compile and submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives a preliminary report-- (1) describing the testing, hospitalization, mortality rates, vaccination rates, and preferred language of patients associated with COVID-19 by race and ethnicity; and (2) proposing evidenced-based response strategies to safeguard the health of these communities in future pandemics. (h) Tribal Exception.--Indian Tribes may opt out of any of the requirements of this section. SEC. 5. COMMISSION ON ENSURING DATA FOR HEATH EQUITY. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a commission, to be known as the ``Commission on Ensuring Data for Heath Equity'' (referred to in this section as the ``Commission'') to provide clear and robust guidance on how to improve the collection, analysis, and use of demographic data in responding to future public health emergencies. (b) Membership and Chairperson.-- (1) Membership.--The Commission shall be composed of-- (A) the Director of the Centers for Disease Control and Prevention; (B) the Director of the National Institutes of Health; (C) the Commissioner of Food and Drugs; (D) the Administrator of the Federal Emergency Management Agency; (E) the Director of the National Institute on Minority Health and Health Disparities; (F) the Director of the Indian Health Service; (G) the Administrator of the Centers for Medicare & Medicaid Services; (H) the Director of the Agency for Healthcare Research and Quality; (I) the Surgeon General; (J) the Administrator of the Health Resources and Services Administration; (K) the Director of the Office of Minority Health; (L) the Director of the Office of Women's Health; (M) the Chairperson of the National Council on Disability; (N) at least 4 State, local, territorial, and Tribal public health officials representing departments of public health, or an urban Indian health representative, who shall represent jurisdictions from different regions of the United States with relatively high concentrations of historically marginalized populations, to be appointed by the Secretary; and (O) at least 3 independent experts of racially and ethnically diverse representation with knowledge or field experience with racial and ethnic disparities in public health appointed by the Secretary. (2) Chairperson.--The President of the National Academies of Sciences, Engineering, and Medicine, or designee, shall serve as the chairperson of the Commission. (c) Duties.--The Commission shall-- (1) examine barriers to collecting, analyzing, and using demographic data; (2) determine how to best use such data to promote health equity across the United States and reduce racial, Tribal, and other demographic disparities in health outcomes; (3) gather available data related to treatment of individuals with disabilities during the COVID-19 pandemic and other public health emergencies, including access to vaccinations, denial of treatment for pre-existing conditions, removal or denial of disability related equipment (including ventilators and CPAP machines), and data on completion of DNR orders, and identify barriers to obtaining accurate and timely data related to treatment of such individuals; (4) solicit input from public health officials, community- connected organizations, health care providers, State and local agency officials, Tribal officials, and other experts on barriers to, and best practices for, collecting demographic data; and (5) recommend policy changes that the data indicates are necessary to reduce disparities. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a written report of its findings and recommendations to Congress and post such report on the website of the Department of Health and Human Services. Such reports shall contain information concerning-- (1) how to enhance State, local, territorial, and Tribal capacity to conduct public health research on COVID-19 and in future public health emergencies, with a focus on expanded capacity to analyze data on disparities correlated with race, ethnicity, income, sex, age, disability status, specific geographic areas, and other relevant demographic characteristics, and an analysis of what demographic data is currently being collected, the accuracy of that data and any gaps, how this data is currently being used to inform efforts to combat COVID-19, and what resources are needed to supplement existing public health data collection; (2) how to collect, process, and disclose to the public the data described in paragraph (1) in a way that maintains individual privacy while helping direct the State, local, and Tribal response to public health emergencies; (3) how to improve demographic data collection related to COVID-19 and other public health emergencies in the short- and long-term, including how to continue to grow and value the Tribal sovereignty of data and information concerning urban and rural Tribal communities; (4) to the extent possible, an analysis of racial and other demographic disparities in COVID-19 mortality, including an analysis of comorbidities and case fatality rates; (5) to the extent possible, an analysis of sex, gender, sexual orientation, and gender identity disparities in COVID-19 treatment and mortality; (6) an analysis of COVID-19 treatment of individuals with disabilities, including equity of access to treatment and equipment and intersections of disability status with other demographic factors, including race, and recommendations for how to improve transparency and equity of treatment for such individuals during the COVID-19 public health emergency and future emergencies; (7) how to support State, local, and Tribal capacity to eliminate barriers to vaccinations, testing, and treatment during the COVID-19 pandemic and future public health emergencies; and (8) to the extent possible, an analysis of Federal Government policies that disparately exacerbate the COVID-19 impact, and recommendations to improve racial and other demographic disparities in health outcomes. (e) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. <all>

Equitable Data Collection and Disclosure on COVID–19 Act of 2021

To require the Centers for Disease Control and Prevention to collect and report certain data concerning COVID-19.

Equitable Data Collection and Disclosure on COVID–19 Act of 2021

Rep. Pressley, Ayanna

D

MA

This bill expands data collection and reporting on demographic information and disparities related to COVID-19 (i.e., coronavirus disease 2019). During the COVID-19 emergency, the Centers for Disease Control and Prevention (CDC) and the Centers for Medicare & Medicaid Services must publish data on COVID-19 testing, treatment, vaccinations, and outcomes on the CDC website. They must update the data daily and disaggregate it by race, ethnicity, and other demographic factors. In addition, the Indian Health Service must consult with tribal nations about COVID-19 data collection and reporting. The Department of Health and Human Services must make a summary of final statistics related to COVID-19 publicly available and report specified information to Congress within 60 days of the end of the COVID-19 emergency. The bill also establishes the Commission on Ensuring Data for Health Equity. The commission must determine approaches to using data to reduce disparities in health outcomes, including specifically with respect to COVID-19. In addition, it must provide recommendations to improve demographic data collection and use in future public health emergencies.

To require the Centers for Disease Control and Prevention to collect and report certain data concerning COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (4) Significant differences in access to health care, specifically to primary health care providers, health care information, and greater perceived discrimination in health care place Black, Brown, and AI/AN communities, individuals with disabilities, and Limited English Proficient individuals at greater risk of receiving delayed, and perhaps poorer, health care. An analysis by the University of New Hampshire found that in every month between March and August 2020, Black and Latino workers had significantly higher unemployment rates than White workers, even after adjusting for age and education status. (7) Research experts recognize that there are underlying differences in illness and death when each of these factors is examined through socioeconomic and racial or ethnic lenses. (8) Language barriers are highly correlated with medication noncompliance and inconsistent engagement with health systems. Developing targeted outreach efforts assisted 1,000,000 people and resulted in a 56 percent decrease in the uninsured among the Asian, Native Hawaiian, and Pacific Islander population. (13) Race and ethnicity are valuable research and practice variables when used and interpreted appropriately. The inconsistency of data collection by Federal, State, and local health authorities poses a threat to analysis and synthesis of the pandemic impact on Black, Hispanic/Latinx, and AI/AN communities. 3. EMERGENCY FUNDING FOR FEDERAL DATA COLLECTION ON THE RACIAL, ETHNIC, AND OTHER DEMOGRAPHIC DISPARITIES OF COVID-19. COVID-19 DATA COLLECTION AND DISCLOSURE. (2) Data related to treatment for COVID-19, including hospitalizations and intensive care unit admissions. (4) Data related to COVID-19 vaccinations, including-- (A) the number of vaccines administered; (B) the number of vaccinations offered, accepted, and refused; (C) the most common reasons for refusal; and (D) the percentage of vaccine doses allocated and administered to each priority group. (e) Indian Health Service.--The Indian Health Service shall consult with Indian Tribes and confer with urban Indian organizations on data collection and reporting for purposes of this Act. (f) Summary.--Not later than 60 days after the date on which the Secretary certifies that the public health emergency related to COVID- 19 has ended, the Secretary shall make publicly available a summary of the final statistics related to COVID-19. (h) Tribal Exception.--Indian Tribes may opt out of any of the requirements of this section. SEC. 5. COMMISSION ON ENSURING DATA FOR HEATH EQUITY. (2) Chairperson.--The President of the National Academies of Sciences, Engineering, and Medicine, or designee, shall serve as the chairperson of the Commission.

S.431

Transportation and Public Works

Generating Resilient, Environmentally Exceptional National Streets Act or the GREEN Streets Act This bill establishes national goals to reduce carbon dioxide and other greenhouse gas emissions and improve the resilience of the transportation system. Specifically, the bill directs

To amend title 23, United States Code, to require transportation planners to consider projects and strategies to reduce greenhouse gas emissions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating Resilient, Environmentally Exceptional National Streets Act'' or the ``GREEN Streets Act''. SEC. 2. CONSIDERATION OF PROJECTS AND STRATEGIES TO REDUCE GREENHOUSE GAS EMISSIONS. (a) National Goals and Performance Management Measures.--Section 150 of title 23, United States Code, is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: ``(7) Combating climate change.--To reduce carbon dioxide and other greenhouse gas emissions and improve the resilience of the transportation system.''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking the paragraph designation and all that follows through ``Not later'' and inserting the following: ``(1) Rulemaking.-- ``(A) In general.--Not later''; and (ii) by adding at the end the following: ``(B) Updates.--The Secretary shall periodically update the rulemaking promulgated under subparagraph (A) as necessary, including to implement the amendments made to this section by the GREEN Streets Act.''; (B) in paragraph (5)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(C) transit accessibility (as defined in section 5326(a) of title 49); ``(D) transit stop distance (as defined in section 5326(a) of title 49); and ``(E) transit mode share (as defined in section 5326(a) of title 49).''; and (C) by adding at the end the following: ``(7) Greenhouse gas emissions on public roads.--For the purpose of carrying out section 119(f)(3), the Secretary shall establish-- ``(A) minimum standards for States to use in decreasing per capita vehicle miles traveled on public roads, including through-- ``(i) alignment of zoning and land use policy and planning; ``(ii) investment in active and safe transportation infrastructure, such as sidewalks, trails, and bike lanes; and ``(iii) public transit; ``(B) minimum standards for States to use in improving the resilience of public roads; ``(C) in consultation with the Administrator of the Environmental Protection Agency, minimum standards for the reduction of greenhouse gas emissions on public roads, with the goal of achieving net-zero emissions; and ``(D) measures for States to use to assess-- ``(i) carbon dioxide emissions on public roads; and ``(ii) any other greenhouse gas emissions on public roads, as determined to be appropriate by the Secretary.''; and (3) in subsection (d)(1)-- (A) by striking ``subsection (c), each State shall set'' and inserting ``subsection (c)(1)(A), and not later than 1 year after each update of that rulemaking under subsection (c)(1)(B), each State shall set or update, as applicable,''; and (B) by striking ``and (6)'' and inserting ``(6), and (7)''. (b) Metropolitan Transportation Planning.-- (1) Federal-aid highways.--Section 134(h) of title 23, United States Code, is amended-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (F) through (J) as subparagraphs (H) through (L), respectively; and (ii) by inserting after subparagraph (E) the following: ``(F) reduce carbon dioxide and other greenhouse gas emissions; ``(G) decrease per capita vehicle miles traveled;''; and (B) by adding at the end the following: ``(4) Analysis of projects that increase traffic capacity.--In furtherance of the planning goals described in subparagraphs (F) and (G) of paragraph (1), a metropolitan planning organization shall conduct and publish an analysis of the impact on per capita vehicle miles traveled, mobile source greenhouse gas emissions, and non-single-occupancy-vehicle trips, including trips by bicycle, pedestrian travel, public transportation, and passenger rail, prior to approval of each project within the metropolitan planning area that-- ``(A) uses funds made available under this title to increase traffic capacity, including-- ``(i) by adding new travel lanes, including on an existing road; or ``(ii) by converting shoulder lanes into new travel lanes; and ``(B) is projected to receive not less than $25,000,000 of Federal funds made available under this title.''. (2) Public transportation.--Section 5303(h)(1) of title 49, United States Code, is amended-- (A) by redesignating subparagraphs (F) through (I) as subparagraphs (H) through (K), respectively; and (B) by inserting after subparagraph (E) the following: ``(F) reduce carbon dioxide and other greenhouse gas emissions; ``(G) decrease per capita vehicle miles traveled;''. (c) Statewide and Nonmetropolitan Transportation Planning.-- (1) Federal-aid highways.--Section 135(d) of title 23, United States Code, is amended-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (F) through (J) as subparagraphs (H) through (L), respectively; and (ii) by inserting after subparagraph (E) the following: ``(F) reduce carbon dioxide and greenhouse gas emissions; ``(G) decrease per capita vehicle miles traveled;''; and (B) by adding at the end the following: ``(4) Analysis of projects that increase traffic capacity.--In furtherance of the planning goals described in subparagraphs (F) and (G) of paragraph (1), a State shall conduct and publish an analysis of the impact on per capita vehicle miles traveled, mobile source greenhouse gas emissions, and non-single-occupancy-vehicle trips, including trips by bicycle, pedestrian travel, public transportation, and passenger rail, prior to approval of each project within the State that-- ``(A) uses funds made available under this title to increase traffic capacity, including-- ``(i) by adding new travel lanes, including on an existing road; or ``(ii) by converting shoulder lanes into new travel lanes; and ``(B) is projected to receive not less than $25,000,000 of Federal funds made available under this title.''. (2) Public transportation.--Section 5304(d)(1) of title 49, United States Code, is amended-- (A) by redesignating subparagraphs (F) through (I) as subparagraphs (H) through (K), respectively; and (B) by inserting after subparagraph (E) the following: ``(F) reduce carbon dioxide and other greenhouse gas emissions; ``(G) decrease per capita vehicle miles traveled;''. (d) National Highway Performance Program.--Section 119(f) of title 23, United States Code, is amended-- (1) in the subsection heading, by striking ``Conditions'' and inserting ``Conditions; Greenhouse Gas Emissions on Public Roads''; and (2) by adding at the end the following: ``(3) Greenhouse gas emissions on public roads.-- ``(A) Penalty.-- ``(i) In general.--Subject to clause (ii), if a State reports, in a performance target report under section 150(e), that the State has not achieved the targets of the State for performance measures described in section 150(d) pertaining to the minimum standards for public roads established by the Secretary under section 150(c)(7), the State shall be required, during the following fiscal year-- ``(I) to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purpose of achieving the targets through projects on Federal-aid highways; and ``(II) to obligate, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purpose of achieving the targets through projects on Federal-aid highways. ``(ii) Increase.--Each fiscal year after the date of enactment of this paragraph, the amount required to be obligated under clause (i)(I) shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year. ``(B) Restoration.--The obligation requirement in subparagraph (A)(i)(I) for a fiscal year shall remain in effect for each subsequent fiscal year until the date on which the Secretary determines that the State has achieved the targets of the State for performance measures described in section 150(d) pertaining to the minimum standards for public roads established by the Secretary under section 150(c)(7).''. (e) Transit Accessibility.-- (1) Transit access.--Section 5326 of title 49, United States Code, is amended-- (A) in the section heading, by inserting ``and accessibility'' after ``management''; (B) in subsection (a)-- (i) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (ii) by inserting after paragraph (1) the following: ``(2) Covered entity.--The term `covered entity' means-- ``(A) any metropolitan planning area with a population of not fewer than 250,000 individuals on the date of enactment of the GREEN Streets Act; and ``(B) any State in which there exists a metropolitan planning area with a population of not fewer than 250,000 individuals on the date of enactment of the GREEN Streets Act. ``(3) Transit accessibility.--The term `transit accessibility' means the share of jobs, health care facilities, grocery stores and other food suppliers, schools, and other destinations accessible by public transportation in any 45- minute period.''; (C) by adding at the end the following: ``(6) Transit mode share.--The term `transit mode share' means the percentage of trips taken by public transportation for both commuting and noncommuting trips. ``(7) Transit stop distance.--The term `transit stop distance' means the average distance by census block to the nearest transit stop, passenger station, or terminal providing regularly scheduled service.''; (D) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (E) by inserting after subsection (b) the following: ``(c) Transit Access.-- ``(1) Standards and performance measures.--Not later than 1 year after the date of enactment of the GREEN Streets Act, the Secretary shall establish national transit access standards and performance measures for-- ``(A) transit accessibility; ``(B) transit stop distance; and ``(C) transit mode share. ``(2) Performance targets and initial report.--Not later than 180 days after the date on which the Secretary establishes the standards and performance measures under paragraph (1), the Secretary shall-- ``(A) require each covered entity to-- ``(i) establish targets for the covered entity relating to each of the standards and performance measures described in paragraph (1); and ``(ii) submit to the Secretary a report describing-- ``(I) the performance of the covered entity with respect to each of the standards and performance measures described in paragraph (1); and ``(II) by functional classification, the share of housing units and roadways in the covered entity that have-- ``(aa) sidewalks; ``(bb) crosswalks; ``(cc) dedicated bike lanes; or ``(dd) other forms of dedicated nonmotorized facilities; and ``(B) provide technical assistance, including analytical tools, to assist a covered entity in-- ``(i) establishing targets under subparagraph (A)(i); and ``(ii) reporting on performance under subparagraph (A)(ii). ``(3) Subsequent reports.-- ``(A) Timing.--Not later than 180 days after receipt of the initial report under paragraph (2)(A)(ii), the Secretary shall establish a schedule for the submission of subsequent reports by each covered entity. ``(B) Contents.--Each subsequent report under this paragraph shall describe-- ``(i) the progress of the covered entity in meeting the targets of the covered entity relating to the standards and performance measures described in paragraph (1), including any change in performance since the submission of the previous report; ``(ii) any revision of existing targets or establishment of new targets relating to the standards and performance measures described in paragraph (1); and ``(iii) any proposal for the revision of existing targets or the establishment of new targets relating to the standards and performance measures described in paragraph (1). ``(C) Technical assistance.--The Secretary shall provide technical assistance, including analytical tools, to assist a covered entity in-- ``(i) reporting on performance under this paragraph; and ``(ii) establishing or revising performance targets relating to the standards and performance measures described in paragraph (1).''. (2) Metropolitan transportation planning.--Section 5303(h)(2)(B)(i)(I) of title 49, United States Code, is amended by striking ``title 23,'' and inserting ``title 23 and section 5326,''. (3) Conforming amendments.-- (A) Section 134(h)(2)(B)(ii) of title 23, United States Code, is amended by striking ``5326(c)'' and inserting ``5326(d)''. (B) Section 135(d)(2)(B)(ii) of title 23, United States Code, is amended by striking ``5326(c)'' and inserting ``5326(d)''. (C) Section 5303(h)(2)(B)(ii) of title 49, United States Code, is amended by striking ``5326(c)'' and inserting ``5326(d)''. (D) Section 5304(d)(2)(B)(ii) of title 49, United States Code, is amended by striking ``5326(c)'' and inserting ``5326(d)''. (E) Section 5337(a)(4)(B) of title 49, United States Code, is amended by striking ``5326(d)'' and inserting ``5326(e)''. (F) Section 24904(c)(1)(A) of title 49, United States Code, is amended by inserting ``subsections (b), (d), and (e) of'' after ``authorized under''. <all>

GREEN Streets Act

A bill to amend title 23, United States Code, to require transportation planners to consider projects and strategies to reduce greenhouse gas emissions, and for other purposes.

GREEN Streets Act Generating Resilient, Environmentally Exceptional National Streets Act

Sen. Markey, Edward J.

D

MA

This bill establishes national goals to reduce carbon dioxide and other greenhouse gas emissions and improve the resilience of the transportation system. Specifically, the bill directs

This Act may be cited as the ``Generating Resilient, Environmentally Exceptional National Streets Act'' or the ``GREEN Streets Act''. CONSIDERATION OF PROJECTS AND STRATEGIES TO REDUCE GREENHOUSE GAS EMISSIONS. ''; and (C) by adding at the end the following: ``(7) Greenhouse gas emissions on public roads.--For the purpose of carrying out section 119(f)(3), the Secretary shall establish-- ``(A) minimum standards for States to use in decreasing per capita vehicle miles traveled on public roads, including through-- ``(i) alignment of zoning and land use policy and planning; ``(ii) investment in active and safe transportation infrastructure, such as sidewalks, trails, and bike lanes; and ``(iii) public transit; ``(B) minimum standards for States to use in improving the resilience of public roads; ``(C) in consultation with the Administrator of the Environmental Protection Agency, minimum standards for the reduction of greenhouse gas emissions on public roads, with the goal of achieving net-zero emissions; and ``(D) measures for States to use to assess-- ``(i) carbon dioxide emissions on public roads; and ``(ii) any other greenhouse gas emissions on public roads, as determined to be appropriate by the Secretary. ''; and (3) in subsection (d)(1)-- (A) by striking ``subsection (c), each State shall set'' and inserting ``subsection (c)(1)(A), and not later than 1 year after each update of that rulemaking under subsection (c)(1)(B), each State shall set or update, as applicable,''; and (B) by striking ``and (6)'' and inserting ``(6), and (7)''. (2) Public transportation.--Section 5303(h)(1) of title 49, United States Code, is amended-- (A) by redesignating subparagraphs (F) through (I) as subparagraphs (H) through (K), respectively; and (B) by inserting after subparagraph (E) the following: ``(F) reduce carbon dioxide and other greenhouse gas emissions; ``(G) decrease per capita vehicle miles traveled;''. ``(ii) Increase.--Each fiscal year after the date of enactment of this paragraph, the amount required to be obligated under clause (i)(I) shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year. ''; (C) by adding at the end the following: ``(6) Transit mode share.--The term `transit mode share' means the percentage of trips taken by public transportation for both commuting and noncommuting trips. ``(B) Contents.--Each subsequent report under this paragraph shall describe-- ``(i) the progress of the covered entity in meeting the targets of the covered entity relating to the standards and performance measures described in paragraph (1), including any change in performance since the submission of the previous report; ``(ii) any revision of existing targets or establishment of new targets relating to the standards and performance measures described in paragraph (1); and ``(iii) any proposal for the revision of existing targets or the establishment of new targets relating to the standards and performance measures described in paragraph (1). (B) Section 135(d)(2)(B)(ii) of title 23, United States Code, is amended by striking ``5326(c)'' and inserting ``5326(d)''.

H.R.2230

Government Operations and Politics

Delivering Envelopes Judiciously On-time Year-round Act or the DEJOY Act This bill requires the U.S. Postal Service (USPS) to maintain the service standards for first-class mail that were in effect on January 1, 2021. The Postmaster General proposed in March 2021 a 10-year restructuring plan for the USPS that would lengthen the permissible mail-delivery window.

To amend title 39, United States Code, to maintain certain service standards for first-class mail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering Envelopes Judiciously On- time Year-round Act'' or the ``DEJOY Act''. SEC. 2. SERVICE STANDARDS FOR FIRST-CLASS MAIL. Section 3691 of title 39, United States Code, is amended by adding at the end the following: ``(e) Service Standards for First-Class Mail.--Notwithstanding any other provision of this title, the service standards for first-class mail shall be such standards as in effect on January 1, 2021.''. <all>

DEJOY Act

To amend title 39, United States Code, to maintain certain service standards for first-class mail, and for other purposes.

DEJOY Act Delivering Envelopes Judiciously On-time Year-round Act

Rep. Krishnamoorthi, Raja

D

IL

This bill requires the U.S. Postal Service (USPS) to maintain the service standards for first-class mail that were in effect on January 1, 2021. The Postmaster General proposed in March 2021 a 10-year restructuring plan for the USPS that would lengthen the permissible mail-delivery window.

To amend title 39, United States Code, to maintain certain service standards for first-class mail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering Envelopes Judiciously On- time Year-round Act'' or the ``DEJOY Act''. SEC. 2. SERVICE STANDARDS FOR FIRST-CLASS MAIL. Section 3691 of title 39, United States Code, is amended by adding at the end the following: ``(e) Service Standards for First-Class Mail.--Notwithstanding any other provision of this title, the service standards for first-class mail shall be such standards as in effect on January 1, 2021.''. <all>

S.2027

Health

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2021 or the CARE for Tourette Syndrome Act of 2021 This bill requires the National Institutes of Health (NIH) to carry out data collection and expand other research activities on Tourette syndrome. This is a neurological disorder characterized by sudden, repetitive, rapid, and unwanted movements or vocal sounds. Specifically, the NIH must develop a system to collect epidemiological data and information on the availability of medical and social services for individuals with Tourette syndrome and their families. In addition, the NIH must award various grants for research on Tourette syndrome, including to support Collaborative Research Centers for Tourette Syndrome. The NIH must also designate a portion of its funding for Tourette syndrome programs and activities.

To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Collaborative Academic Research Efforts for Tourette Syndrome Act of 2021'' or the ``CARE for Tourette Syndrome Act of 2021''. SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO TOURETTE SYNDROME. Part B of title IV of the Public Health Service Act is amended by inserting after section 409J (42 U.S.C. 284q) the following: ``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES WITH RESPECT TO TOURETTE SYNDROME. ``(a) In General.--The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to scientific and clinical research on Tourette syndrome. ``(b) Data Collection.-- ``(1) System.--In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence, prevalence, and impact of Tourette syndrome in the United States. ``(2) Broad and narrow definitions.--The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. ``(3) Collection by population and geographical region.-- The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. ``(c) Collaborative Research Centers for Tourette Syndrome.-- ``(1) In general.--In carrying out subsection (a), the Secretary shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for Collaborative Research Centers for Tourette Syndrome. ``(2) Research.--Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The research conducted by such centers, as a group, shall include research in the fields of developmental neurobiology, neuroscience, genetics, psychology, and pharmacology. ``(3) Services for patients.-- ``(A) In general.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. ``(B) Referral and costs.--A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants and contracts to applicants which meet the scientific criteria for funding under this subsection. ``(4) Organization of collaborative research centers for tourette syndrome.-- ``(A) In general.--A center under paragraph (1) may-- ``(i) use the facilities of a single institution; or ``(ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center's services and geographic coverage. ``(B) Eligibility requirements.--To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (A)(ii)), an institution or group shall meet such requirements as the Secretary may prescribe. ``(5) Number of centers; duration of support.-- ``(A) In general.--Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). ``(B) Geographical distribution.--The Secretary shall-- ``(i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and ``(ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple regions or States. ``(C) Duration.--Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed and approved by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. ``(d) Research on Symptomology and Treatment.--In carrying out subsection (a), the Secretary shall award grants on a competitive, peer-reviewed basis for research on-- ``(1) the full range of symptomology within the Tourette syndrome clinical spectrum; and ``(2) the efficacy of treatment options for particular patient subpopulations. ``(e) Funding.--Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome.''. <all>

CARE for Tourette Syndrome Act of 2021

A bill to amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome.

CARE for Tourette Syndrome Act of 2021 Collaborative Academic Research Efforts for Tourette Syndrome Act of 2021

Sen. Menendez, Robert

D

NJ

This bill requires the National Institutes of Health (NIH) to carry out data collection and expand other research activities on Tourette syndrome. This is a neurological disorder characterized by sudden, repetitive, rapid, and unwanted movements or vocal sounds. Specifically, the NIH must develop a system to collect epidemiological data and information on the availability of medical and social services for individuals with Tourette syndrome and their families. In addition, the NIH must award various grants for research on Tourette syndrome, including to support Collaborative Research Centers for Tourette Syndrome. The NIH must also designate a portion of its funding for Tourette syndrome programs and activities.

To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Collaborative Academic Research Efforts for Tourette Syndrome Act of 2021'' or the ``CARE for Tourette Syndrome Act of 2021''. SEC. 284q) the following: ``SEC. 409K. ``(3) Collection by population and geographical region.-- The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. ``(c) Collaborative Research Centers for Tourette Syndrome.-- ``(1) In general.--In carrying out subsection (a), the Secretary shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for Collaborative Research Centers for Tourette Syndrome. ``(2) Research.--Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The research conducted by such centers, as a group, shall include research in the fields of developmental neurobiology, neuroscience, genetics, psychology, and pharmacology. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants and contracts to applicants which meet the scientific criteria for funding under this subsection. ``(B) Eligibility requirements.--To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (A)(ii)), an institution or group shall meet such requirements as the Secretary may prescribe. ``(5) Number of centers; duration of support.-- ``(A) In general.--Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). ``(C) Duration.--Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed and approved by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. ``(d) Research on Symptomology and Treatment.--In carrying out subsection (a), the Secretary shall award grants on a competitive, peer-reviewed basis for research on-- ``(1) the full range of symptomology within the Tourette syndrome clinical spectrum; and ``(2) the efficacy of treatment options for particular patient subpopulations.

S.1146

International Affairs

Stopping Activities Underpinning Development In Weapons of Mass Destruction Act or the SAUDI WMD Act This bill establishes measures to inhibit the development of nuclear weapons by Saudi Arabia. Specifically, the bill restricts the sale of specified munitions items to Saudi Arabia if, in the last three fiscal years, Saudi Arabia has taken certain steps towards developing nuclear weapons. Further, the bill requires the President to submit to Congress a written determination detailing (1) whether any foreign person knowingly engaged in the trade of specified weapons subject to the Missile Technology Control Regime (MTCR) with Saudia Arabia in the last three fiscal years, and (2) the sanctions the President has imposed or intends to impose against those persons. (The MTCR is an informal political understanding among states that seek to limit the proliferation of missiles and missile technology.) The bill also requires the Department of State and the Department of Energy to submit a report on MTCR compliance and a strategy to prevent the spread of nuclear weapons and missiles in the Middle East.

To counter Saudi Arabia's possible pursuit of weapons of mass destruction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Activities Underpinning Development In Weapons of Mass Destruction Act'' or the ``SAUDI WMD Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The People's Republic of China (in this Act referred to as ``China''), became a full-participant of the Nuclear Suppliers Group in 2004, committing it to apply a strong presumption of denial in exporting nuclear-related items that a foreign country could divert to a nuclear weapons program. (2) China also committed to the United States, in November 2000, to abide by the foundational principles of the 1987 Missile Technology Control Regime (MTCR) to not ``assist, in any way, any country in the development of ballistic missiles that can be used to deliver nuclear weapons (i.e., missiles capable of delivering a payload of at least 500 kilograms to a distance of at least 300 kilometers)''. (3) In the 1980s, China secretly sold the Kingdom of Saudi Arabia (in this Act referred to as ``Saudi Arabia'') conventionally armed DF-3A ballistic missiles, and in 2007, reportedly sold Saudi Arabia dual-use capable DF-21 medium- range ballistic missiles of a 300 kilometer, 500 kilogram range and payload threshold which should have triggered a denial of sale under the MTCR. (4) The 2020 Department of State Report on the Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments found that China ``continued to supply MTCR-controlled goods to missile programs of proliferation concern in 2019'' and that the United States imposed sanctions on nine Chinese entities for covered missile transfers to Iran. (5) A June 5, 2019, press report indicated that China allegedly provided assistance to Saudi Arabia in the development of a ballistic missile facility, which if confirmed, would violate the purpose of the MTCR and run contrary to the longstanding United States policy priority to prevent weapons of mass destruction proliferation in the Middle East. (6) The Arms Export and Control Act of 1976 (Public Law 93- 329) requires the President to sanction any foreign person or government who knowingly ``exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology'' to a country that does not adhere to the MTCR. (7) China concluded two nuclear cooperation agreements with Saudi Arabia in 2012 and 2017, respectively, which may facilitate China's bid to build two reactors in Saudi Arabia to generate 2.9 Gigawatt-electric (GWe) of electricity. (8) On August 4, 2020, a press report revealed the alleged existence of a previously undisclosed uranium yellowcake extraction facility in Saudi Arabia allegedly constructed with the assistance of China, which if confirmed, would indicate significant progress by Saudi Arabia in developing the early stages of the nuclear fuel cycle that precede uranium enrichment. (9) Saudi Arabia's outdated Small Quantities Protocol and its lack of an in force Additional Protocol to its International Atomic Energy Agency (IAEA) Comprehensive Safeguards Agreement severely curtails IAEA inspections, which has led the Agency to call upon Saudi Arabia to either rescind or update its Small Quantities Protocol. (10) On January 19, 2021, in response to a question about Saudi Arabia's reported ballistic missile cooperation with China, incoming Secretary of State Antony J. Blinken stated that ``we want to make sure that to the best of our ability all of our partners and allies are living up to their obligations under various nonproliferation and arms control agreements and, certainly, in the case of Saudi Arabia that is something we will want to look at''. (11) On March 15, 2018, the Crown Prince of Saudi Arabia, Mohammad bin-Salman, stated that ``if Iran developed a nuclear bomb, we would follow suit as soon as possible,'' raising questions about whether a Saudi Arabian nuclear program would remain exclusively peaceful, particularly in the absence of robust international IAEA safeguards. (12) An August 9, 2019, study by the United Nations High Commissioner for Human Rights found that the Saudi Arabia-led military coalition airstrikes in Yemen and its restrictions on the flow of humanitarian assistance to the country, both of which have disproportionately impacted civilians, may be violations of international humanitarian law. SEC. 3. DETERMINATION OF POSSIBLE MTCR TRANSFERS TO SAUDI ARABIA. (a) MTCR Transfers.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a written determination, and any documentation to support that determination detailing-- (1) whether any foreign person knowingly exported, transferred, or engaged in trade of any item designated under Category I of the MTCR Annex item with Saudi Arabia in the previous three fiscal years; and (2) the sanctions the President has imposed or intends to impose pursuant to section 11B(b) of the Export Administration Act of 1979 (50 U.S.C. 4612(b)) against any foreign person who knowingly engaged in the export, transfer, or trade of that item or items. (b) Waiver.--Notwithstanding any provision of paragraphs (3) through (7) of section 11(B)(b) of the Export Administration Act of 1979 (50 U.S.C. 4612(b)), the President may only waive the application of sanctions under such section with respect to Saudi Arabia if that country is verifiably determined to no longer possess an item designated under Category I of the MTCR Annex received in the previous three fiscal years. (c) Form of Report.--The determination required under subsection (a) shall be unclassified with a classified annex. SEC. 4. PROHIBITION ON UNITED STATES ARMS SALES TO SAUDI ARABIA IF IT IMPORTS NUCLEAR TECHNOLOGY WITHOUT SAFEGUARDS. (a) In General.--The United States shall not sell, transfer, or authorize licenses for export of any item designated under Category III, IV, VII, or VIII on the United States Munitions List pursuant to section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)) to Saudi Arabia, other than ground-based missile defense systems, if Saudi Arabia has, in the previous 3 fiscal years-- (1) knowingly imported any item classified as ``plants for the separation of isotopes of uranium'' or ``plants for the reprocessing of irradiated nuclear reactor fuel elements'' under Part 110 of the Nuclear Regulatory Commission export licensing authority; or (2) engaged in nuclear cooperation related to the construction of any nuclear-related fuel cycle facility or activity that has not been notified to the IAEA and would be subject to complementary access if an Additional Protocol was in force. (b) Waiver.--The Secretary of State may waive the prohibition under subsection (a) with respect to a foreign country if the Secretary submits to the appropriate committees of Congress a written certification that contains a determination, and any relevant documentation on which the determination is based, that Saudi Arabia-- (1) has brought into force an Additional Protocol to the IAEA Comprehensive Safeguards Agreement based on the model described in IAEA INFCIRC/540; (2) has concluded a civilian nuclear cooperation agreement with the United States under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) or another supplier that prohibits the enrichment of uranium or separation of plutonium on its own territory; and (3) has rescinded its Small Quantities Protocol and is not found by the IAEA Board of Governors to be in noncompliance with its Comprehensive Safeguards Agreement. (c) Rule of Construction.--Nothing in this Act shall be construed as superseding the obligation of the President under section 502B(a)(2) or section 620I(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 22 U.S.C. 2378-1(a)), respectively, to not furnish security assistance to Saudi Arabia or any country if it-- (1) engages in a consistent pattern of gross violations of internationally recognized human rights; or (2) prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance. SEC. 5. MIDDLE EAST NONPROLIFERATION STRATEGY. (a) In General.--Starting with the first report after the date of the enactment of this Act, the Secretary of State and the Secretary of Energy, in consultation with the Director of National Intelligence, shall provide the appropriate committees of Congress, as an appendix to the Report on the Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments, a report on MTCR compliance and a United States strategy to prevent the spread of nuclear weapons and missiles in the Middle East. (b) Elements.--The report required under subsection (a) shall include the following elements: (1) An assessment of China's compliance, in the previous fiscal year, with its November 2000 commitment to abide by the MTCR and United States diplomatic efforts to address non- compliance. (2) A description of every foreign person that, in the previous fiscal year, engaged in the export, transfer, or trade of MTCR items to a country that is a non-MTCR adherent, and a description of the sanctions the President imposed pursuant to section 11B(b) of the Export Administration Act of 1979 (50 U.S.C. 4612(b)). (3) A detailed strategy to prevent the proliferation of ballistic missile and sensitive nuclear technology in the Middle East and North Africa from China and other foreign countries, including the following elements: (A) An assessment of the proliferation risks associated with concluding or renewing a civilian nuclear cooperation ``123'' agreement with any country in the Middle-East and North Africa and the risks of such if that same equipment and technology is sourced from a foreign state. (B) An update on United States bilateral and multilateral diplomatic actions to commence negotiations on a Weapons of Mass Destruction Free Zone (WMDFZ) since the 2015 Nuclear Nonproliferation Treaty Review Conference. (C) A description of United States Government efforts to achieve global adherence and compliance with the Nuclear Suppliers Group, MTCR, and the 2002 International Code of Conduct against Ballistic Missile Proliferation guidelines. (4) An account of the briefings to the appropriate committees of Congress in the reporting period detailing negotiations on any new or renewed civilian nuclear cooperation ``123'' agreement with any country consistent with the intent of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). (c) Form of Report.--The report required under subsection (a) shall be unclassified with a classified annex. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Select Committee on Intelligence of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the House of Representative; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Foreign person; person.--The terms ``foreign person'' and ```person''' mean-- (A) a natural person that is an alien; (B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country; (C) any foreign governmental entity operating as a business enterprise; and (D) any successor, subunit, or subsidiary of any entity described in subparagraph (B) or (C). (3) Middle east and north africa.--The term ``Middle East and North Africa'' means those countries that are included in the Area of Responsibility of the Assistant Secretary of State for Near Eastern Affairs. <all>

SAUDI WMD Act

A bill to counter Saudi Arabia's possible pursuit of weapons of mass destruction, and for other purposes.

SAUDI WMD Act Stopping Activities Underpinning Development In Weapons of Mass Destruction Act

Sen. Markey, Edward J.

D

MA

This bill establishes measures to inhibit the development of nuclear weapons by Saudi Arabia. Specifically, the bill restricts the sale of specified munitions items to Saudi Arabia if, in the last three fiscal years, Saudi Arabia has taken certain steps towards developing nuclear weapons. Further, the bill requires the President to submit to Congress a written determination detailing (1) whether any foreign person knowingly engaged in the trade of specified weapons subject to the Missile Technology Control Regime (MTCR) with Saudia Arabia in the last three fiscal years, and (2) the sanctions the President has imposed or intends to impose against those persons. (The MTCR is an informal political understanding among states that seek to limit the proliferation of missiles and missile technology.) The bill also requires the Department of State and the Department of Energy to submit a report on MTCR compliance and a strategy to prevent the spread of nuclear weapons and missiles in the Middle East.

To counter Saudi Arabia's possible pursuit of weapons of mass destruction, and for other purposes. 2. FINDINGS. (4) The 2020 Department of State Report on the Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments found that China ``continued to supply MTCR-controlled goods to missile programs of proliferation concern in 2019'' and that the United States imposed sanctions on nine Chinese entities for covered missile transfers to Iran. (8) On August 4, 2020, a press report revealed the alleged existence of a previously undisclosed uranium yellowcake extraction facility in Saudi Arabia allegedly constructed with the assistance of China, which if confirmed, would indicate significant progress by Saudi Arabia in developing the early stages of the nuclear fuel cycle that precede uranium enrichment. (9) Saudi Arabia's outdated Small Quantities Protocol and its lack of an in force Additional Protocol to its International Atomic Energy Agency (IAEA) Comprehensive Safeguards Agreement severely curtails IAEA inspections, which has led the Agency to call upon Saudi Arabia to either rescind or update its Small Quantities Protocol. 3. DETERMINATION OF POSSIBLE MTCR TRANSFERS TO SAUDI ARABIA. 4612(b)) against any foreign person who knowingly engaged in the export, transfer, or trade of that item or items. (b) Waiver.--Notwithstanding any provision of paragraphs (3) through (7) of section 11(B)(b) of the Export Administration Act of 1979 (50 U.S.C. 4612(b)), the President may only waive the application of sanctions under such section with respect to Saudi Arabia if that country is verifiably determined to no longer possess an item designated under Category I of the MTCR Annex received in the previous three fiscal years. 4. PROHIBITION ON UNITED STATES ARMS SALES TO SAUDI ARABIA IF IT IMPORTS NUCLEAR TECHNOLOGY WITHOUT SAFEGUARDS. 2304(a)(2), 22 U.S.C. 5. MIDDLE EAST NONPROLIFERATION STRATEGY. 4612(b)). (3) A detailed strategy to prevent the proliferation of ballistic missile and sensitive nuclear technology in the Middle East and North Africa from China and other foreign countries, including the following elements: (A) An assessment of the proliferation risks associated with concluding or renewing a civilian nuclear cooperation ``123'' agreement with any country in the Middle-East and North Africa and the risks of such if that same equipment and technology is sourced from a foreign state. (c) Form of Report.--The report required under subsection (a) shall be unclassified with a classified annex. SEC. 6. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Select Committee on Intelligence of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the House of Representative; and (D) the Committee on Foreign Affairs of the House of Representatives.

H.R.7352

Commerce

PPP and Bank Fraud Enforcement Harmonization Act of 2022 This bill establishes a 10-year statute of limitations for criminal charges and civil enforcement against a borrower who engages in fraud with respect to a Paycheck Protection Program loan.

[117th Congress Public Law 166] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1365]] Public Law 117-166 117th Congress An Act To amend the Small Business Act to extend the statute of limitation for fraud by borrowers under the Paycheck Protection Program, and for other purposes. <<NOTE: Aug. 5, 2022 - [H.R. 7352]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: PPP and Bank Fraud Enforcement Harmonization Act of 2022.>> SECTION 1. <<NOTE: 15 USC 631 note.>> SHORT TITLE. This Act may be cited as the ``PPP and Bank Fraud Enforcement Harmonization Act of 2022''. SEC. 2. <<NOTE: Deadlines.>> FRAUD ENFORCEMENT HARMONIZATION. (a) Paycheck Protection Program.--Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended by adding at the end the following new subparagraph: ``(W) Fraud enforcement harmonization.-- Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a borrower engaged in fraud with respect to a covered loan guaranteed under this paragraph shall be filed not later than 10 years after the offense was committed.''. (b) Paycheck Protection Program Second Draw Loans.--Section 7(a)(37) of the Small Business Act (15 U.S.C. 636(a)(37)) is amended by adding at the end the following new subparagraph: ``(P) Fraud enforcement harmonization.-- Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a borrower engaged in fraud with respect to a covered loan guaranteed under this paragraph shall be filed not later than 10 years after the offense was committed.''. Approved August 5, 2022. LEGISLATIVE HISTORY--H.R. 7352: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-328 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 168 (2022): June 7, 8, considered and passed House. July 28, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022): Aug. 5, Presidential remarks. <all>

PPP and Bank Fraud Enforcement Harmonization Act of 2022

To amend the Small Business Act to extend the statute of limitation for fraud by borrowers under the Paycheck Protection Program, and for other purposes.

PPP and Bank Fraud Enforcement Harmonization Act of 2022 PPP and Bank Fraud Enforcement Harmonization Act of 2022 PPP and Bank Fraud Enforcement Harmonization Act of 2022

Rep. Velazquez, Nydia M.

D

NY

This bill establishes a 10-year statute of limitations for criminal charges and civil enforcement against a borrower who engages in fraud with respect to a Paycheck Protection Program loan.

[117th Congress Public Law 166] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1365]] Public Law 117-166 117th Congress An Act To amend the Small Business Act to extend the statute of limitation for fraud by borrowers under the Paycheck Protection Program, and for other purposes. <<NOTE: Aug. 5, 2022 - [H.R. 7352]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: PPP and Bank Fraud Enforcement Harmonization Act of 2022.>> SECTION 1. <<NOTE: 15 USC 631 note.>> SHORT TITLE. This Act may be cited as the ``PPP and Bank Fraud Enforcement Harmonization Act of 2022''. SEC. 2. <<NOTE: Deadlines.>> FRAUD ENFORCEMENT HARMONIZATION. (a) Paycheck Protection Program.--Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended by adding at the end the following new subparagraph: ``(W) Fraud enforcement harmonization.-- Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a borrower engaged in fraud with respect to a covered loan guaranteed under this paragraph shall be filed not later than 10 years after the offense was committed.''. (b) Paycheck Protection Program Second Draw Loans.--Section 7(a)(37) of the Small Business Act (15 U.S.C. 636(a)(37)) is amended by adding at the end the following new subparagraph: ``(P) Fraud enforcement harmonization.-- Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a borrower engaged in fraud with respect to a covered loan guaranteed under this paragraph shall be filed not later than 10 years after the offense was committed.''. Approved August 5, 2022. LEGISLATIVE HISTORY--H.R. 7352: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-328 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 168 (2022): June 7, 8, considered and passed House. July 28, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022): Aug. 5, Presidential remarks. <all>

H.R.2327

Armed Forces and National Security

This bill eliminates the 10-year time limit on the availability of the Department of Veterans Affairs Survivors' and Dependents' Educational Assistance program for certain spouses who become eligible for such benefit on or after August 1, 2022.

To amend title 38, United States Code, to eliminate the time period for eligibility under Survivors' And Dependents' Educational Assistance Program of Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TIME PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. Section 3512(b)(1) of title 38, United States Code, is amended-- (1) in subparagraph (A), by striking ``or (D)'' and inserting ``(D), or (E)''; and (2) by adding at the end the following new subparagraph: ``(E) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible on or after August 1, 2022, may be afforded educational assistance under this chapter at any time after such date.''. <all>

To amend title 38, United States Code, to eliminate the time period for eligibility under Survivors' And Dependents' Educational Assistance Program of Department of Veterans Affairs.

To amend title 38, United States Code, to eliminate the time period for eligibility under Survivors' And Dependents' Educational Assistance Program of Department of Veterans Affairs.

Official Titles - House of Representatives Official Title as Introduced To amend title 38, United States Code, to eliminate the time period for eligibility under Survivors' And Dependents' Educational Assistance Program of Department of Veterans Affairs.

Rep. Mace, Nancy

R

SC

This bill eliminates the 10-year time limit on the availability of the Department of Veterans Affairs Survivors' and Dependents' Educational Assistance program for certain spouses who become eligible for such benefit on or after August 1, 2022.

To amend title 38, United States Code, to eliminate the time period for eligibility under Survivors' And Dependents' Educational Assistance Program of Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TIME PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. Section 3512(b)(1) of title 38, United States Code, is amended-- (1) in subparagraph (A), by striking ``or (D)'' and inserting ``(D), or (E)''; and (2) by adding at the end the following new subparagraph: ``(E) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible on or after August 1, 2022, may be afforded educational assistance under this chapter at any time after such date.''. <all>

H.R.2577

Government Operations and Politics

Article I Regulatory Budget Act This bill requires the establishment of a federal regulatory budget to limit the costs of federal regulations. It also establishes requirements for disclosing the projected costs of federal regulations and procedures for enforcing the regulatory budget.

To amend the Congressional Budget Act of 1974 to establish a Federal regulatory budget and to impose cost controls on that budget, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Article I Regulatory Budget Act''. SEC. 2. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: ``(40)(A) for the first fiscal year that begins at least 120 days after the date of enactment of this paragraph, and every fiscal year thereafter until the fifth fiscal year that begins after the date of enactment of this paragraph, a projection of the Federal regulatory cost of any proposed Federal regulation, rule, or statement (as such terms are defined in section 321 of the Congressional Budget Act of 1974) for the fiscal year and at least each of the 4 ensuing fiscal years, which shall include-- ``(i) the projection of the Federal regulatory cost by agency and program; and ``(ii) any changes in a Federal regulation, rule, or statement in the Unified Agenda of Federal Regulatory and Deregulatory Actions, compiled by the Regulatory Information Service Center of the General Services Administration; and ``(B) for the fifth fiscal year that begins after the date of enactment of this paragraph, and every fiscal year thereafter, a regulatory authority budget analysis of the Federal regulatory cost of complying with all current and proposed Federal regulations, rules, and statements and proposals (as such terms are defined in section 321 of the Congressional Budget Act of 1974) for complying with section 322 of the Congressional Budget Act of 1974 for the fiscal year for which the budget is submitted and the 4 fiscal years after that year, which shall include a regulatory authority budget analysis of the Federal regulatory cost by agency and program.''. SEC. 3. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL REGULATION. (a) Costs to Private Sector of New Federal Regulations.--Chapter 6 of title 5, United States Code, popularly known as the ``Regulatory Flexibility Act'', is amended-- (1) in section 603-- (A) in subsection (a), in the second sentence, by inserting before the period the following: ``and shall discuss in detail whether the cost to businesses of complying with the proposed rule will vary depending on the size of the business and, if so, to what extent the cost will vary and what factors contribute to the variation''; (B) in subsection (c)-- (i) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and adjusting the margin accordingly; (ii) by inserting ``(1)'' after ``(c)''; and (iii) by striking ``Consistent with the'' and inserting the following: ``(2) The analysis of significant alternatives to the proposed rule shall include a detailed analysis of the costs and benefits of the proposed rule and each alternative, which shall separately address the costs and benefits for each industry. ``(3) Consistent with the''; and (C) by adding at the end the following: ``(e) Each initial regulatory flexibility analysis shall also contain a description of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the proposed rule.''; (2) in section 604(a)-- (A) in the first paragraph designated as paragraph (6) (relating to minimization of significant economic impacts), by striking ``and'' at the end; (B) by redesignating the second paragraph (6) (relating to covered agencies), as paragraph (8); and (C) by inserting after paragraph (6) the following: ``(7) a statement of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the rule; and''; and (3) in section 607, by inserting before the period the following: ``, except that estimates of monetary costs under sections 603(d) and 604(a)(7) shall only be in the form of a numerical description''. (b) Agency Reports.--Each agency that prepares an initial regulatory flexibility analysis under chapter 6 of title 5, United States Code, shall, at the same time submit to each House of Congress, the Congressional Budget Office, and the Office of Management and Budget a cost estimate and cost benefit analysis of any new proposed regulations, rules, or statements that would have a Federal regulatory cost (as defined in section 321 of the Congressional Budget Act of 1974, as added by this Act) of at least $100,000,000 for any fiscal year. SEC. 4. GUIDANCE DOCUMENTS. (a) Definitions.--In this section-- (1) the terms ``agency'' and ``rule'' have the meanings given such terms in section 551 of title 5, United States Code; (2) the term ``guidance document'' means an agency statement of general applicability and future effect, other than a rule, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; and (3) the term ``significant guidance document''-- (A) means a guidance document that the Office of Management and Budget determines will be disseminated to regulated entities or the general public and may reasonably be anticipated to-- (i) lead to an annual effect of not less than $100,000,000 on, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (ii) create a serious inconsistency or otherwise interfere with an action taken or planned by an agency other than the agency issuing the guidance document; (iii) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights or obligations of recipients thereof; or (iv) raise novel legal or policy issues arising out of legal mandates, the priorities of the President, or the principles set forth in Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and (B) does not include a guidance document that the Office of Management and Budget determines-- (i) relates to regulations issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code; (ii) pertains to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of nondefense articles and services; (iii) relates to regulations that are limited to agency organization, management, or personnel matters; or (iv) is within a category of guidance documents exempted by the Administrator of the Office of Information and Regulatory Affairs. (b) Limitation on Guidance Documents.--An agency may not issue a significant guidance document unless the agency issues the significant guidance document after notice and an opportunity for comment in accordance with the requirements for the promulgation of a rule under chapter 5 of title 5, United States Code. (c) Private Right of Action.--Any person aggrieved of an action taken or failed to be taken under a guidance document that was not issued in accordance with subsection (b) may bring a civil action in an appropriate district court of the United States alleging that the guidance document should have been treated as a significant guidance document. SEC. 5. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974. (a) Federal Regulatory Budget Cost Control System.--Title III of the Congressional Budget Act of 1974 is amended-- (1) by inserting before section 300 the following: ``PART A--GENERAL PROVISIONS''; and (2) by adding at the end the following: ``PART B--FEDERAL REGULATORY BUDGET COST CONTROL ``SEC. 321. DEFINITIONS. ``In this part-- ``(1) the term `CBO' means the Congressional Budget Office; ``(2) the term `direct cost of Federal regulation' means all costs incurred by, and expenditures required of, the Federal Government in issuing and enforcing Federal regulations, rules, and statements and Federal statutes; ``(3) the term `Federal regulation, rule, or statement'-- ``(A) includes any guidance document issued after notice and an opportunity for comment in accordance with the requirements for the promulgation of a rule under chapter 5 of title 5, United States Code; and ``(B) does not include-- ``(i) a Federal regulation, rule, or statement applying to-- ``(I) the military; or ``(II) agency organization, management, or personnel; or ``(ii) a Federal regulation, rule, or statement designated by the President as being-- ``(I) necessary because of an imminent threat to health or safety or other emergency; ``(II) necessary for the enforcement of criminal laws; or ``(III) necessary for national security; ``(4) the term `Federal regulatory cost'-- ``(A) means all costs incurred by, and expenditures required of, the private sector, States, or local governments in complying with any Federal regulation, rule, or statement or any Federal statute; and ``(B) does not include the value of any benefit under the Federal regulation, rule, or statement or the Federal statute; ``(5) the term `gross domestic product' means the gross domestic product of the United States during a fiscal year, consistent with Department of Commerce definitions; ``(6) the term `OMB' means the Office of Management and Budget; and ``(7) the term `regulatory baseline' means the projection described in section 326(a) of the Federal regulatory cost for the fiscal year after the date of the projection and the outyears. ``SEC. 322. ESTABLISHMENT OF LEVEL AND ALLOCATIONS. ``(a) Establishment of Level.-- ``(1) In general.--In addition to the requirements under section 301, a concurrent resolution on the budget for a fiscal year shall set forth the appropriate level for the Federal regulatory cost for the fiscal year and for at least each of the 4 ensuing fiscal years. ``(2) Transition period.-- ``(A) In general.--For the first fiscal year that begins at least 120 days after the date of enactment of this section, and each fiscal year thereafter until the fiscal year described in section 326(a), the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives shall include in the concurrent resolution on the budget for the fiscal year as the appropriate level for the Federal regulatory cost for the fiscal year and any other fiscal year covered by the resolution the proposed levels submitted by the President under section 1105(a)(40) of title 31, United States Code. ``(B) Amendments.-- ``(i) In general.--In the Senate and the House of Representatives, it shall not be in order to consider an amendment to a concurrent resolution on the budget that, if agreed to, would result in a net increase in a level included pursuant to subparagraph (A). ``(ii) Waiver and appeal.--A point of order under clause (i) may only be waived by the affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under clause (i). ``(3) Default total.--If there is not a level for the Federal regulatory cost that is in effect for a fiscal year under a concurrent resolution on the budget-- ``(A) for the first fiscal year that begins at least 120 days after the date of enactment of this section, and every fiscal year thereafter until the fiscal year described in subparagraph (B), the appropriate level for the Federal regulatory cost for the fiscal year shall be the proposed level submitted by the President under section 1105(a)(40) of title 31, United States Code; ``(B) for the fifth fiscal year that begins after the date of enactment of this section, the appropriate level for the Federal regulatory cost for the fiscal year shall be the amount of the first regulatory baseline submitted under section 326; and ``(C) for each fiscal year after the fiscal year described in subparagraph (B), the appropriate level for the Federal regulatory cost for the fiscal year shall be the level for the most recent fiscal year for which such a level was in effect (under subparagraph (B), this subparagraph, or a concurrent resolution on the budget). ``(b) Allocation of Totals.-- ``(1) In general.--For the first fiscal year that begins at least 120 days after the date of enactment of this section, and each fiscal year thereafter, the joint explanatory statement accompanying the conference report on a concurrent resolution on the budget for such fiscal year shall include allocations of the Federal regulatory cost in effect under subsection (a) for such fiscal year and at least each of the 4 ensuing fiscal years-- ``(A) among each committee of the Senate and each committee of the House of Representatives; ``(B) by major functional category; and ``(C) by agency. ``(2) Suballocations.--As soon as practicable after receiving an allocation under paragraph (1), each committee shall-- ``(A) suballocate its allocation-- ``(i) among its subcommittees; ``(ii) among programs over which the committee has jurisdiction; and ``(iii) by agency; and ``(B) submit for printing in the Congressional Record a statement detailing each suballocation made by the committee under subparagraph (A). ``(c) Point of Order.-- ``(1) In general.--If a concurrent resolution on the budget setting forth the appropriate level for the Federal regulatory cost for a fiscal year has been agreed to, it shall not be in order in the Senate or the House of Representatives to consider any bill or resolution, or amendment thereto, which would cause an allocation or suballocation of the Federal regulatory cost made under subsection (b) for that fiscal year to be exceeded. ``(2) Waiver and appeal.--A point of order under paragraph (1) may only be waived by the affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). ``(d) Determinations by Budget Committees.--For purposes of this section, the amount of the Federal regulatory cost for a fiscal year and the amount of the Federal regulatory cost of a bill or resolution, or amendment thereto, shall be determined by the Committee on the Budget of the Senate or the Committee on the Budget of the House of Representatives, as the case may be. ``SEC. 323. ANALYSIS OF FEDERAL REGULATORY COST BY CONGRESSIONAL BUDGET OFFICE. ``(a) In General.--CBO shall prepare for each bill or resolution of a public character reported by any committee of the Senate or the House of Representatives (except the Committee on Appropriations of each House), and submit to such committee-- ``(1) an estimate of the costs which would be incurred by the private sector in carrying out or complying with such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, which shall include-- ``(A) a net present value estimate of the cost of compliance by the private sector with such bill or resolution; and ``(B) a discussion of the methodology used to prepare, and the basis for, each such estimate; and ``(2) a comparison of the estimate of costs described in paragraph (1) with any available estimates of costs made by such committee or by any agency. ``(b) Look-Back Reviews.--CBO shall periodically submit to Congress a report, prepared in consultation with the Chairman of the Administrative Conference of the United States, that-- ``(1) reviews a sample of laws of a public character for which an estimate was prepared under subsection (a)(1); and ``(2) compares the estimates of the costs described in paragraphs (1) and (2) of subsection (a) and the actual costs incurred by the private sector in carrying out or complying with the law in the fiscal year in which it took effect and in each of the 4 fiscal years following such fiscal year. ``SEC. 324. ENFORCEMENT. ``(a) Enforcement Language Required in Appropriation Acts.--If a concurrent resolution on the budget that includes levels and allocations of the Federal regulatory cost for a fiscal year has been agreed to, it shall not be in order in the Senate or the House of Representatives to consider a bill, joint resolution, amendment between the Houses, or conference report making appropriations for the fiscal year that does not include a provision prohibiting amounts made available under the measure from being obligated or expended to enforce a Federal regulation, rule, or statement that would cause a breach of any level or allocation of the Federal regulatory cost in effect for a fiscal year. ``(b) Waiver and Appeal.--Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). ``(c) Review of Cost.-- ``(1) Determinations of cost.-- ``(A) BEA determination.--The Bureau of Economic Analysis of the Department of Commerce shall determine the change in the Federal regulatory cost attributable to each newly promulgated, or amendment to a, Federal regulation, rule, or statement. ``(B) Guidance for agencies.--The Bureau of Economic Analysis of the Department of Commerce shall issue guidance to agencies regarding the methodology to be used to determine the amount of, and any change in, the Federal regulatory cost attributable to each newly promulgated, or amendment to a, Federal regulation, rule, or statement. ``(C) Mandatory use by agencies.--For purposes of any analysis conducted by an agency (without regard to whether the analysis is conducted for purposes of this Act), each agency shall determine the amount of, and any change in, the Federal regulatory cost attributable to each newly promulgated, or amendment to a, Federal regulation, rule, or statement in accordance with the guidance issued under subparagraph (B). ``(2) OMB determination.--The OMB shall determine whether the change in the Federal regulatory cost determined under paragraph (1) would cause a breach of any level or allocation of the Federal regulatory cost in effect for a fiscal year, which shall incorporate any reduction to the level or allocation of the Federal regulatory cost attributable to a revision of a Federal regulation, rule, or statement during the fiscal year. ``(3) CBO review.--The CBO shall-- ``(A) review the methodology used by the Bureau of Economic Analysis and the OMB for each determination under paragraphs (1) and (2); and ``(B) issue an opinion on whether the change in the Federal regulatory cost attributable to the applicable newly promulgated, or amendment to a, Federal regulation, rule, or statement would cause a breach of any level or allocation of the Federal regulatory cost in effect for a fiscal year. ``(d) Implementation.--The OMB shall issue a directive prohibiting funds from being obligated or expended to enforce a newly promulgated, or amendment to a, Federal regulation, rule, or statement during a fiscal year if-- ``(1) the OMB determines that change in the Federal regulatory cost attributable to the newly promulgated, or amendment to a, Federal regulation, rule, or statement, as determined by the Bureau of Economic Analysis under subsection (c)(1), would cause a breach of any level or allocation of the Federal regulatory cost in effect for the fiscal year; and ``(2) the appropriation Act making the applicable appropriations for the fiscal year contains a provision described in subsection (a). ``(e) Offsetting Savings.--In making determinations under this section with respect to a newly promulgated, or amendment to a, Federal regulation, rule, or statement, the Bureau of Economic Analysis, the CBO, and the OMB shall subtract from the amount of the Federal regulatory cost, and any applicable allocation thereof, any reduction to the Federal regulatory cost that is attributable to a revision of another Federal regulation, rule, or statement made as part of the same rulemaking. ``(f) Private Right of Action.--Any person aggrieved of an action taken or failed to be taken under a Federal regulation, rule, or statement for which the OMB has issued a directive prohibiting enforcement under subsection (d) may bring a civil action in an appropriate district court of the United States alleging that the Federal regulation, rule, or statement should not have been enforced. ``SEC. 325. OMB-CBO REPORTS. ``Not later than 5 years after the date of enactment of this section, and not later than September 15th of each odd-numbered year thereafter, OMB and CBO shall jointly submit to the President, the Senate, and the House of Representatives a report that includes-- ``(1) a projection of the direct cost of Federal regulation and the Federal regulatory cost for the first fiscal year beginning after the date of the report and at least each of the 4 ensuing fiscal years; ``(2) a calculation of the estimated direct cost of Federal regulation and Federal regulatory cost as a percentage of the gross domestic product; ``(3) the reduction in estimated gross domestic product attributable to private sector compliance with all Federal regulations, rules, or statements and all Federal statutes; ``(4) a detailed description of the effect on the economy of the United States of Federal regulations, rules, and statements and Federal statutes, which shall be categorized as relating to-- ``(A) regulation of the economy; ``(B) security, including homeland security; ``(C) the environment; ``(D) health and safety; or ``(E) the Federal budget; ``(5) a discussion of the expected reduction in personnel, administrative overhead, and programmatic costs that would be achieved by Federal agencies that issue regulations, rules, or statements with a Federal regulatory cost if the Federal agencies reduced the Federal regulatory cost by 5 percent; ``(6) recommendations for budgeting, technical, and estimating changes to improve the Federal regulatory budgeting process; ``(7) the Federal regulatory cost imposed by each Executive branch agency on regulated entities; ``(8) the direct cost of Federal regulation attributable to each Executive branch agency; ``(9) the Federal regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601 of title 5, United States Code); and ``(10) the sum of the costs described in paragraph (9). ``SEC. 326. REGULATORY BASELINE. ``(a) In General.--For the fifth fiscal year that begins after the date of enactment of this section and for every second fiscal year thereafter, CBO, in consultation with OMB, shall submit to the President, the Senate, and the House of Representatives a regulatory baseline, consisting of a projection of the Federal regulatory cost for the fiscal year and at least each of the 4 ensuing fiscal years. In preparing the projection of the regulatory baseline under this subsection, for the second fiscal year covered under the projection and each fiscal year thereafter, CBO shall adjust the baseline for the estimated growth during that fiscal year in the gross domestic product. ``(b) Deadline.--The CBO shall submit a regulatory baseline required under subsection (a) for a fiscal year not later than the date on which the CBO submits the report required under section 202(e)(1) with respect to that fiscal year. ``(c) Regular Updates on Development of Regulatory Baseline.--Not later than the date on which the CBO submits the report required under section 202(e)(1) with respect to each fiscal year during the period beginning on the date of enactment of this section and ending on the date on which the CBO submits the first projection of the Federal regulatory cost under subsection (a), the CBO shall submit to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives an annual update on the progress of the CBO in developing the regulatory baseline.''. (b) Technical and Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (1) by inserting before the item relating to section 300 the following: ``Part A. General Provisions''; and (2) by inserting after the item relating to section 315 the following: ``Part B. Federal Regulatory Budget Cost Control ``Sec. 321. Definitions. ``Sec. 322. Establishment of level and allocations. ``Sec. 323. Analysis of Federal regulatory cost by Congressional Budget Office. ``Sec. 324. Enforcement. ``Sec. 325. OMB-CBO reports. ``Sec. 326. Regulatory baseline.''. SEC. 6. STUDY OF NONMAJOR RULES. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (2) the term ``covered guidance document'' means any guidance document that has resulted or is likely to result in an annual effect on the economy of not less than $10,000,000; (3) the term ``covered nonmajor rule'' means any rule that has resulted in or is likely to result in an annual effect on the economy of not less than $10,000,000 and not more than $100,000,000; (4) the term ``guidance document'' means an agency statement of general applicability and future effect, other than a rule, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; (5) the term ``Federal regulatory cost'' has the meaning given that term under section 321 of the Congressional Budget Act of 1974, as added by this Act; and (6) the term ``rule'' has the meaning given that term in section 804 of title 5, United States Code. (b) Reports.--Not later than 120 days after the date of enactment of this Act and every 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report regarding covered nonmajor rules and covered guidance documents, which shall include, for the 4-year period immediately preceding the report-- (1) the number of covered nonmajor rules promulgated; (2) the number of covered nonmajor rules implemented; (3) the number of covered guidance documents developed; (4) the number of covered guidance documents issued; (5) the Federal regulatory cost of each covered nonmajor rule implemented; (6) the Federal regulatory cost of each covered guidance document issued; (7) the aggregate Federal regulatory cost of all covered nonmajor rules implemented; (8) the aggregate Federal regulatory cost of all covered guidance documents issued; and (9) a discussion of any covered nonmajor rule for which an initial regulatory flexibility analysis was prepared under section 603 of title 5, United States Code, a final regulatory flexibility analysis was prepared under section 604 of title 5, United States Code, or a cost benefit analysis was prepared that underestimated the actual Federal regulatory cost of implementing the covered nonmajor rule. <all>

Article I Regulatory Budget Act

To amend the Congressional Budget Act of 1974 to establish a Federal regulatory budget and to impose cost controls on that budget, and for other purposes.

Article I Regulatory Budget Act

Rep. Good, Bob

R

VA

This bill requires the establishment of a federal regulatory budget to limit the costs of federal regulations. It also establishes requirements for disclosing the projected costs of federal regulations and procedures for enforcing the regulatory budget.

2. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL REGULATION. 4. GUIDANCE DOCUMENTS. 5. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974. DEFINITIONS. ESTABLISHMENT OF LEVEL AND ALLOCATIONS. ``(3) Default total.--If there is not a level for the Federal regulatory cost that is in effect for a fiscal year under a concurrent resolution on the budget-- ``(A) for the first fiscal year that begins at least 120 days after the date of enactment of this section, and every fiscal year thereafter until the fiscal year described in subparagraph (B), the appropriate level for the Federal regulatory cost for the fiscal year shall be the proposed level submitted by the President under section 1105(a)(40) of title 31, United States Code; ``(B) for the fifth fiscal year that begins after the date of enactment of this section, the appropriate level for the Federal regulatory cost for the fiscal year shall be the amount of the first regulatory baseline submitted under section 326; and ``(C) for each fiscal year after the fiscal year described in subparagraph (B), the appropriate level for the Federal regulatory cost for the fiscal year shall be the level for the most recent fiscal year for which such a level was in effect (under subparagraph (B), this subparagraph, or a concurrent resolution on the budget). ``(2) Waiver and appeal.--A point of order under paragraph (1) may only be waived by the affirmative vote of three-fifths of the Members, duly chosen and sworn. ENFORCEMENT. ``(C) Mandatory use by agencies.--For purposes of any analysis conducted by an agency (without regard to whether the analysis is conducted for purposes of this Act), each agency shall determine the amount of, and any change in, the Federal regulatory cost attributable to each newly promulgated, or amendment to a, Federal regulation, rule, or statement in accordance with the guidance issued under subparagraph (B). OMB-CBO REPORTS. General Provisions''; and (2) by inserting after the item relating to section 315 the following: ``Part B. Federal Regulatory Budget Cost Control ``Sec. 321. 6. STUDY OF NONMAJOR RULES.

H.R.9165

Education

This bill addresses student learning and academic achievement of English learners and immigrant children and youth, including by allowing specified subgrants to be used for additional activities (e.g., providing educators with culturally competent training) and establishing additional reporting requirements.

To amend the Elementary and Secondary Education Act of 1965 to improve the academic achievement of English learners and immigrant children and youth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ANNUAL STATE REPORT CARDS. Section 1111(h)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended-- (1) by redesignating clause (xiv) as clause (xv); and (2) by inserting after clause (xiii) the following: ``(xiv) Information on the diversity of teachers in the State at the pre-kindergarten through grade 12 levels, including information with respect to-- ``(I) ethnicity; ``(II) race; ``(III) gender; and ``(IV) fluency in a language other than English, including how such fluency was acquired.''. SEC. 2. SUPPORT FOR ACADEMIC ACHIEVEMENT OF ENGLISH LEARNERS AND IMMIGRANT CHILDREN AND YOUTH. (a) Purposes.--Section 3102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6812) is amended-- (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2) the following: ``(3) to ensure, to the maximum extent possible, that English learners are taught alongside non-English learners;''. (b) Subgrants to Eligible Entities.--Section 3115(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6825(d)) is amended-- (1) in paragraph (6)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) to increase the access of immigrant children and youth, and the parents of immigrant children and youth, to legal, financial, and social services resources.''; (2) by redesignating paragraph (9) as paragraph (11); and (3) by inserting after paragraph (8) the following: ``(9) Carrying out projects that provide educators, school administrators, counselors, social workers, and psychologists with culturally competent and culturally responsive training to better support English learners and immigrant children and youth. ``(10) Carrying out projects that-- ``(A) assess local laws, including local immigration policies and State education laws, that impact educational outcomes for English learners and immigrant children and youth; ``(B) implement best practices aligned with evidence-based research to improve educational outcomes for English learners and immigrant children and youth; and ``(C) facilitate engagement with members of local school boards on strategies to improve educational outcomes for English learners and immigrant children and youth, regardless of immigration status.''. (c) Reporting.--Section 3121(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6841(a)) is amended-- (1) in paragraph (2), by striking ``at a minimum, by'' and inserting ``at a minimum, by ethnicity, race, native language, and''; (2) in paragraph (3), by striking the semicolon and inserting ``, in the aggregate and disaggregated, at a minimum, by ethnicity, race, native language, and English learners with a disability;''; (3) in paragraph (4), by striking the semicolon and inserting ``, in the aggregate and disaggregated, at a minimum, by ethnicity, race, native language, and English learners with a disability;''; (4) in paragraph (5), by striking ``at a minimum, by'' and inserting ``at a minimum, by ethnicity, race, native language, and''; and (5) in paragraph (6), by striking ``educational agency; and'' and inserting ``educational agency, in the aggregate and disaggregated, at a minimum, by ethnicity, race, native language, and English learners with a disability; and''. <all>

To amend the Elementary and Secondary Education Act of 1965 to improve the academic achievement of English learners and immigrant children and youth, and for other purposes.

To amend the Elementary and Secondary Education Act of 1965 to improve the academic achievement of English learners and immigrant children and youth, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Elementary and Secondary Education Act of 1965 to improve the academic achievement of English learners and immigrant children and youth, and for other purposes.

Rep. Espaillat, Adriano

D

NY

This bill addresses student learning and academic achievement of English learners and immigrant children and youth, including by allowing specified subgrants to be used for additional activities (e.g., providing educators with culturally competent training) and establishing additional reporting requirements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ANNUAL STATE REPORT CARDS. Section 1111(h)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended-- (1) by redesignating clause (xiv) as clause (xv); and (2) by inserting after clause (xiii) the following: ``(xiv) Information on the diversity of teachers in the State at the pre-kindergarten through grade 12 levels, including information with respect to-- ``(I) ethnicity; ``(II) race; ``(III) gender; and ``(IV) fluency in a language other than English, including how such fluency was acquired.''. SEC. 2. SUPPORT FOR ACADEMIC ACHIEVEMENT OF ENGLISH LEARNERS AND IMMIGRANT CHILDREN AND YOUTH. 6812) is amended-- (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2) the following: ``(3) to ensure, to the maximum extent possible, that English learners are taught alongside non-English learners;''. 6825(d)) is amended-- (1) in paragraph (6)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) to increase the access of immigrant children and youth, and the parents of immigrant children and youth, to legal, financial, and social services resources. ''; (2) by redesignating paragraph (9) as paragraph (11); and (3) by inserting after paragraph (8) the following: ``(9) Carrying out projects that provide educators, school administrators, counselors, social workers, and psychologists with culturally competent and culturally responsive training to better support English learners and immigrant children and youth. ``(10) Carrying out projects that-- ``(A) assess local laws, including local immigration policies and State education laws, that impact educational outcomes for English learners and immigrant children and youth; ``(B) implement best practices aligned with evidence-based research to improve educational outcomes for English learners and immigrant children and youth; and ``(C) facilitate engagement with members of local school boards on strategies to improve educational outcomes for English learners and immigrant children and youth, regardless of immigration status.''. 6841(a)) is amended-- (1) in paragraph (2), by striking ``at a minimum, by'' and inserting ``at a minimum, by ethnicity, race, native language, and''; (2) in paragraph (3), by striking the semicolon and inserting ``, in the aggregate and disaggregated, at a minimum, by ethnicity, race, native language, and English learners with a disability;''; (3) in paragraph (4), by striking the semicolon and inserting ``, in the aggregate and disaggregated, at a minimum, by ethnicity, race, native language, and English learners with a disability;''; (4) in paragraph (5), by striking ``at a minimum, by'' and inserting ``at a minimum, by ethnicity, race, native language, and''; and (5) in paragraph (6), by striking ``educational agency; and'' and inserting ``educational agency, in the aggregate and disaggregated, at a minimum, by ethnicity, race, native language, and English learners with a disability; and''.

H.R.5581

Education

Arts Education for All Act This bill expands arts education and programming for children in early education, K-12 students, and juveniles and adults in the criminal justice system. Specifically, the bill allows Child Care and Development Block Grant funding to be used for additional activities, including arts programming. Additionally, the bill addresses arts programming in elementary and secondary schools by The bill directs the National Center for Education Research to carry out research on the use of arts and arts education in elementary and secondary schools, including in low-performing schools. Further, the National Center for Education Statistics must compile data on arts education. The National Assessment of Educational Progress must include a specified arts assessment. The bill requires a state's juvenile justice and delinquency plan to describe how the state will coordinate services and activities for juvenile justice and delinquency prevention with arts agencies and arts organizations. Additionally, grants for adult offender reentry demonstration projects may be used for facilitating arts education.

To expand arts education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Arts Education for All Act''. TITLE I--EARLY CHILDHOOD EDUCATION PROGRAMS SEC. 101. EARLY CHILDHOOD EDUCATION PROGRAMS. The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) is amended-- (1) in section 658G(b)(1), by striking subparagraph (A) and inserting the following: ``(A) offering training, coaching, or professional development opportunities for child care providers that relate to the use of evidence-based, developmentally appropriate and age-appropriate strategies to promote the social, emotional, physical, adaptive, communication, and cognitive development of children, including key programmatic strategies, and offering specialized training for child care providers caring for those populations prioritized in section 658E(c)(2)(Q), and children with disabilities;''; and (2) in section 658P, by adding at the end the following: ``(16) Key programmatic strategies.--The term `key programmatic strategies' means strategies related to-- ``(A) nutrition and physical activity; ``(B) recommended practices for age-appropriate exposure to screen media; and ``(C) the integration and utilization of instructional methods to assist learning across disciplines, including methods that use the arts, language, literacy, mathematics, science, and social studies.''. TITLE II--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 SEC. 201. REFERENCES. 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 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 202. STATE AND LOCAL PLANS. (a) Section 1111(g) (20 U.S.C. 6311(g)) is amended by adding at the end the following: ``(5) Use of arts education to improve student achievement.--Each State's plan shall describe how the State educational agency will-- ``(A) support and encourage the offering of a variety of arts education experiences to students as part of the State educational agency's overall strategy to improve student achievement in the subjects described in section 8101(52); ``(B) integrate arts education instruction into the curriculum; ``(C) increase the number of arts educators, including arts education specialists, in schools; ``(D) utilize partnerships with specialized teaching artists to train teachers to augment creative thinking techniques into the instruction provided in math, reading, English language arts, science, and other subjects described in section 8101(52); ``(E) ensure that arts instruction provided in the State is standards-based, as applicable, and sequential with arts courses offered in the grades 6 through 12 building upon such courses offered in earlier grades; ``(F) increase the number of classes taught by arts educators, including arts education specialists, with a particular focus on classes with high percentages of students who are low-income, students with disabilities, English learners, or students of color; and ``(G) support partnerships that increase the amount of arts education and creative youth development available in afterschool and summer learning programs.''. (b) Section 1112(b) (20 U.S.C. 6312(b)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: ``(13) how the local educational agency will support learning in the arts and encourage the use of the arts education to improve student achievement consistent with section 1111(g)(5); and''. SEC. 203. REPORT CARDS. Section 1111(h)(1)(C) (20 U.S.C. 6311(h)(1)(C)) is amended-- (1) by redesignating clause (xiv) as (xv); and (2) by inserting after clause (xiii) the following: ``(xiv) Information on arts courses, including-- ``(I) the number of, range, and sequence of course offerings; ``(II) the average pupil-to-teacher ratio in such courses; ``(III) the average amount of instructional time in such courses; and ``(IV) for each semester, the percentage (in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purpose of this subclause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State) of-- ``(aa) schools offering arts courses; ``(bb) students taking arts courses; and ``(cc) arts courses taught by arts teachers with full State certification or licensure.''. SEC. 204. SCHOOL IMPROVEMENT. Section 1111(d)(2)(B) (20 U.S.C. 6311(d)(2)(B)) is amended-- (1) in clause (iv), by striking ``; and'' and inserting a semicolon; (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following: ``(v)(I) provides for an evaluation of the arts courses offered at such school during the school day and the certification, training and skills of staff that are teaching such courses including teaching artists; and ``(II) based on such evaluation, incorporate the offering of arts courses into the offerings of such school; and''. SEC. 205. ARTS FOR NEGLECTED AND DELINQUENT CHILDREN AND YOUTH. Section 1415(a)(2)(B)(ii) (20 U.S.C. 6435(a)(2)(B)(ii) is amended by inserting ``access to the arts and arts education and'' after ``improving''. SEC. 206. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. (a) Local Uses of Funds.--Section 2103(b)(3) (20 U.S.C. 6613(b)(3)) is amended-- (1) in subparagraph (O), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (P) as subparagraph (Q); and (3) by inserting after subparagraph (O) the following: ``(P) carrying out activities to increase pathways to obtain rigorous, high-quality teacher certification or licensure for individuals seeking to become teachers of the arts; and''. (b) Professional Development for Arts Teachers.--Section 2103 (20 U.S.C. 6613) is further amended by inserting at the end the following: ``(c) Professional Development for Arts Teachers.--In carrying out the programs and activities described under subsection (a), a local educational agency shall provide professional development for teachers of the arts, as appropriate, to fulfill the needs of such agency and the schools of such agency. ``(d) Professional Development for Integration of the Arts.--In carrying out the programs and activities described under subsection (a), a local educational agency shall provide professional development for teachers to integrate the arts into their instruction in math, reading, English language arts, science, and other subjects described in section 8101(52).''. SEC. 207. 21ST CENTURY COMMUNITY LEARNING CENTERS. (a) Arts Organizations.--Section 4205(a) (20 U.S.C. 7175(a)) is amended-- (1) in paragraph (13), by striking ``; and''; (2) in paragraph (14), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) partnering with, integrating the services of, and utilizing the services and offerings provided by arts services organizations or other community-focused arts nonprofits and organizations that further creative youth development.''. (b) Professional Development.--Section 4203(a)(6) (20 U.S.C. 7173(a)(6)) is amended by inserting ``, including arts education'' after ``areas''. TITLE III--AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 AND TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 SEC. 301. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974. Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended-- (1) in paragraph (32) by striking ``and'' at the end, (2) in paragraph (33) by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(37) describe how the State will coordinate services, activities for juvenile justice and delinquency prevention with State and local agencies and organizations, including State and local arts agencies, arts organizations, and organizations that further creative youth development.''. SEC. 302. AMENDMENTS TO ADULT AND JUVENILE OFFENDER DEMONSTRATION PROJECTS AND THE STATE, TRIBAL AND LOCAL REENTRY COURTS PROGRAMS. The Omnibus Crime Control and Safe Streets Act of 1968 is amended in section 2976(b)(4)-- (1) by striking ``; and'' in subparagraph (A); (2) after subparagraph (A), by inserting the following: ``(B) use arts education programs and services to better facilitate reentry and reduce recidivism and connect offenders to educational opportunities and employment after reentry into the community; and''; and (3) by redesignating subparagraph (B) as subparagraph (C). TITLE IV--AMENDMENTS TO THE EDUCATION SCIENCES REFORM ACT OF 2002 AND THE NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS AUTHORIZATION ACT SEC. 401. ARTS RESEARCH. Section 133 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9533) is amended-- (1) in subsection (a)-- (A) by striking ``; and'' at the end of subparagraph (10)(D); (B) by redesignating subparagraph (11) as subparagraph (12); and (C) by inserting after paragraph (10) the following: ``(11) carry out research on the use of the arts and arts education that is rigorous, peer reviewed and large scale to determine which methods and uses of the arts and arts education are most effective, cost efficient and able to be applied, duplicated, and scaled up for the use in elementary and secondary classrooms, including in low-performing schools; and''; and (2) in subsection (c)(2), by adding at the end the following: ``(L) Use of the arts and arts education in improving elementary and secondary education.''. SEC. 402. ARTS STATISTICAL DATA. Section 153(a)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(1)) is amended-- (1) in subparagraph (N), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (O) as subparagraph (P); and (3) by inserting after subparagraph (N), the following: ``(O) access to, the integration of and the inclusion of arts education; and''. SEC. 403. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS. Section 303(b) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)) is amended by adding at the end the following: ``(7) Arts assessment.--The Assessment Board shall select the arts as a subject to be assessed under this subsection, at the same frequency and in the same grades (at a minimum) as such assessment was scheduled prior to July 24, 2019.''. <all>

Arts Education for All Act

To expand arts education, and for other purposes.

Arts Education for All Act

Rep. Bonamici, Suzanne

D

OR

This bill expands arts education and programming for children in early education, K-12 students, and juveniles and adults in the criminal justice system. Specifically, the bill allows Child Care and Development Block Grant funding to be used for additional activities, including arts programming. Additionally, the bill addresses arts programming in elementary and secondary schools by The bill directs the National Center for Education Research to carry out research on the use of arts and arts education in elementary and secondary schools, including in low-performing schools. Further, the National Center for Education Statistics must compile data on arts education. The National Assessment of Educational Progress must include a specified arts assessment. The bill requires a state's juvenile justice and delinquency plan to describe how the state will coordinate services and activities for juvenile justice and delinquency prevention with arts agencies and arts organizations. Additionally, grants for adult offender reentry demonstration projects may be used for facilitating arts education.

SHORT TITLE. 9857 et seq.) REFERENCES. STATE AND LOCAL PLANS. (b) Section 1112(b) (20 U.S.C. 6312(b)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: ``(13) how the local educational agency will support learning in the arts and encourage the use of the arts education to improve student achievement consistent with section 1111(g)(5); and''. SCHOOL IMPROVEMENT. 6311(d)(2)(B)) is amended-- (1) in clause (iv), by striking ``; and'' and inserting a semicolon; (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following: ``(v)(I) provides for an evaluation of the arts courses offered at such school during the school day and the certification, training and skills of staff that are teaching such courses including teaching artists; and ``(II) based on such evaluation, incorporate the offering of arts courses into the offerings of such school; and''. ARTS FOR NEGLECTED AND DELINQUENT CHILDREN AND YOUTH. 6613) is further amended by inserting at the end the following: ``(c) Professional Development for Arts Teachers.--In carrying out the programs and activities described under subsection (a), a local educational agency shall provide professional development for teachers of the arts, as appropriate, to fulfill the needs of such agency and the schools of such agency. 7175(a)) is amended-- (1) in paragraph (13), by striking ``; and''; (2) in paragraph (14), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) partnering with, integrating the services of, and utilizing the services and offerings provided by arts services organizations or other community-focused arts nonprofits and organizations that further creative youth development.''. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974. ARTS RESEARCH. Section 133 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(1)) is amended-- (1) in subparagraph (N), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (O) as subparagraph (P); and (3) by inserting after subparagraph (N), the following: ``(O) access to, the integration of and the inclusion of arts education; and''. SEC. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

S.3861

International Affairs

Somaliland Partnership Act This bill requires the Department of State to annually report to Congress on U.S. assistance to Somaliland. The State Department must also report to Congress on the feasibility of establishing a U.S.-Somaliland partnership, including opportunities for collaboration on regional security issues. For the purposes of this bill, Somaliland is the territory within Somalia that has been a self-declared independent and sovereign state since 1991 that is not internationally recognized.

To require the Secretary of State to submit annual reports to Congress on the assistance provided to Somaliland and to conduct a feasibility study, in coordination with the Secretary of Defense, on establishing a security partnership with Somaliland, without recognizing Somaliland as an independent state. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Somaliland Partnership Act''.</DELETED> <DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED> <DELETED> It is the sense of Congress that--</DELETED> <DELETED> (1) a stronger relationship between the United States and Somaliland would provide numerous, mutually beneficial, strategic opportunities due to Somaliland's-- </DELETED> <DELETED> (A) geographic location in the Horn of Africa and next to the Gulf of Aden;</DELETED> <DELETED> (B) democratic credentials, including peaceful transfers of power following elections; and</DELETED> <DELETED> (C) relative stability in the Horn of Africa;</DELETED> <DELETED> (2) Somaliland's security situation, level of development, and other challenges differ significantly from the situation in Mogadishu and other regions of Somalia, which necessitates--</DELETED> <DELETED> (A) a different approach to engagement, assistance, and travel by personnel of the Department of State and the United States Agency for International Development; and</DELETED> <DELETED> (B) the avoidance of a ``one-size-fits- all'' policy approach to Somalia; and</DELETED> <DELETED> (3) the status of Somaliland should not serve as an obstacle for deeper and meaningful cooperation that will serve the mutual interests of our two governments.</DELETED> <DELETED>SEC. 3. DEFINED TERM.</DELETED> <DELETED> In this Act, the term ``Somaliland'' means the territory that--</DELETED> <DELETED> (1) received its independence from the United Kingdom on June 26, 1960, before the creation of the Somali Republic;</DELETED> <DELETED> (2) has been a self-declared independent and sovereign state since 1991 that is not internationally recognized; and</DELETED> <DELETED> (3) exists as a semi-autonomous region of the Federal Republic of Somalia.</DELETED> <DELETED>SEC. 4. REPORT ON FOREIGN ASSISTANCE AND OTHER ACTIVITIES IN SOMALILAND.</DELETED> <DELETED> (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means--</DELETED> <DELETED> (1) the Committee on Foreign Relations of the Senate; and</DELETED> <DELETED> (2) the Committee on Foreign Affairs of the House of Representatives.</DELETED> <DELETED> (b) Report.--</DELETED> <DELETED> (1) In general.--Not later than September 30, 2022, and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that, with respect to the most recently concluded 12-month period-- </DELETED> <DELETED> (A) describes United States foreign assistance to Somaliland, including--</DELETED> <DELETED> (i) the value of such assistance (in United States dollars);</DELETED> <DELETED> (ii) the source from which such assistance was funded;</DELETED> <DELETED> (iii) the names of the programs through which such assistance was administered;</DELETED> <DELETED> (iv) the implementing partners through which such assistance was provided;</DELETED> <DELETED> (v) the sponsoring bureau of the United States Government; and</DELETED> <DELETED> (vi) if the assistance broadly targeted the Federal Republic of Somalia, the portion of such assistance that was--</DELETED> <DELETED> (I) explicitly intended to support Somaliland; and</DELETED> <DELETED> (II) ultimately employed in Somaliland;</DELETED> <DELETED> (B) details the staffing and responsibilities of the Department of State and the United States Agency for International Development supporting foreign assistance, diplomatic relations, consular services, and security initiatives in Somaliland, including the location of such personnel (duty station) and their corresponding bureau;</DELETED> <DELETED> (C) provides--</DELETED> <DELETED> (i) a detailed account of travel to Somaliland by employees of the Department of State and the United States Agency for International Development, if any, including the position, duty station, and trip purpose for each such trip; or</DELETED> <DELETED> (ii) the justification for not traveling to Somaliland if no such personnel traveled during the reporting period;</DELETED> <DELETED> (D) describes consular services provided by the Department of State for the residents of Somaliland;</DELETED> <DELETED> (E) discusses the Department of State's Travel Advisory for Somalia related to the region of Somaliland; and</DELETED> <DELETED> (F) if the Travel Advisory for all or part of Somaliland is identical to the Travel Advisory for other regions of Somalia, justifies such ranking based on a security assessment of the region of Somaliland.</DELETED> <DELETED> (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.</DELETED> <DELETED>SEC. 5. FEASIBILITY STUDY ON IMPROVED DIPLOMATIC RELATIONS AND A SECURITY AND DEFENSE PARTNERSHIP WITH SOMALILAND.</DELETED> <DELETED> (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means--</DELETED> <DELETED> (1) the Committee on Foreign Relations of the Senate;</DELETED> <DELETED> (2) the Committee on Armed Services of the Senate;</DELETED> <DELETED> (3) the Committee on Foreign Affairs of the House of Representatives; and</DELETED> <DELETED> (4) the Committee on Armed Services of the House of Representatives.</DELETED> <DELETED> (b) Feasibility Study.--The Secretary of State, in coordination with the Secretary of Defense, shall conduct a feasibility study regarding the establishment of a partnership between the United States and Somaliland that--</DELETED> <DELETED> (1) includes coordination with Somaliland government security organs, including Somaliland's Ministry of Foreign Affairs and Ministry of Defense;</DELETED> <DELETED> (2) determines opportunities for collaboration in the pursuit of United States national security interests in the Horn of Africa, the Gulf of Aden, and the broader Indo-Pacific region;</DELETED> <DELETED> (3) identifies opportunities for United States training of Somaliland security sector actors to improve their professionalization and capacity; and</DELETED> <DELETED> (4) assesses the prospect of establishing a nonprofit corporation, to be known as the ``American Institute of Somaliland'', for the purpose of conducting and carrying out programs, transactions, and other relations with Somaliland in the City of Hargeisa on behalf of the United States Government.</DELETED> <DELETED> (c) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall submit a classified report to the appropriate congressional committees that contains the results of the feasibility study required under subsection (b), including an assessment of the extent to which--</DELETED> <DELETED> (1) opportunities exist for the United States to support the training of Somaliland's security sector actors with a specific focus on counterterrorism and border and maritime security;</DELETED> <DELETED> (2) Somaliland's security forces were implicated, if any, in gross violations of human rights during the 3-year period immediately preceding the date of the enactment of this Act;</DELETED> <DELETED> (3) the United States has provided or discussed with government and military officials of Somaliland the provision of training to security forces, including--</DELETED> <DELETED> (A) where such training has occurred;</DELETED> <DELETED> (B) the extent to which Somaliland security forces have demonstrated the ability to absorb previous training; and</DELETED> <DELETED> (C) the ability of Somaliland security forces to maintain and appropriately utilize such training, as applicable;</DELETED> <DELETED> (4) a United States security and defense partnership with Somaliland would have a strategic impact, including by protecting the United States and allied maritime interests in the Bab-el-Mandeb Strait and at Somaliland's Port of Berbera;</DELETED> <DELETED> (5) Somaliland could--</DELETED> <DELETED> (A) serve as a maritime gateway in East Africa for the United States and its allies; and</DELETED> <DELETED> (B) counter Iran's presence in the Gulf of Aden and China's growing regional military presence;</DELETED> <DELETED> (6) a United States security and defense partnership would--</DELETED> <DELETED> (A) bolster security and defense cooperation and capabilities between Somaliland and Taiwan;</DELETED> <DELETED> (B) stabilize this semi-autonomous region of Somalia further as a democratic counterweight to anti-democratic forces in the greater Horn of Africa region; and</DELETED> <DELETED> (C) impact the capacity of the United States to achieve policy objectives in Somalia, particularly to degrade and ultimately defeat the terrorist threat posed by Al-Shabaab, the Islamic State in Somalia (the Somalia-based Islamic State affiliate), and other terrorist groups operating in Somalia;</DELETED> <DELETED> (7) the extent to which an improved diplomatic relationship with Somaliland could--</DELETED> <DELETED> (A) support United States policy focused on the Red Sea corridor, the Indo-Pacific region, and the Horn of Africa;</DELETED> <DELETED> (B) improve cooperation on counterterrorism and intelligence sharing;</DELETED> <DELETED> (C) enable cooperation on counter- trafficking, including the trafficking of humans, wildlife, weapons, and illicit goods; and</DELETED> <DELETED> (D) support trade and development, including how Somaliland could benefit from Prosper Africa and other regional trade initiatives.</DELETED> <DELETED> (d) Form.--The report required under subsection (c) shall be submitted in unclassified form, but may contain a classified annex.</DELETED> <DELETED>SEC. 6. RULE OF CONSTRUCTION.</DELETED> <DELETED> Nothing in this Act, including the reporting requirement under section 4 and the conduct of the feasibility study under section 5, may be construed to convey United States recognition of Somaliland as an independent state.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Somaliland Partnership Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) a stronger relationship between the United States and Somaliland would provide numerous, mutually beneficial, strategic opportunities due to Somaliland's-- (A) geographic location in the Horn of Africa and next to the Gulf of Aden; (B) democratic credentials, including peaceful transfers of power following elections; and (C) relative stability in the Horn of Africa; (2) Somaliland's security situation, level of development, and other challenges differ significantly from the situation in Mogadishu and other regions of Somalia, which necessitates-- (A) a different approach to engagement, assistance, and travel by personnel of the Department of State and the United States Agency for International Development; and (B) the avoidance of a ``one-size-fits-all'' policy approach to Somalia; and (3) the status of Somaliland should not serve as an obstacle for deeper and meaningful cooperation that will serve the mutual interests of our two governments. SEC. 3. DEFINED TERM. In this Act, the term ``Somaliland'' means the territory that-- (1) received its independence from the United Kingdom on June 26, 1960, before the creation of the Somali Republic; (2) has been a self-declared independent and sovereign state since 1991 that is not internationally recognized; and (3) exists as a semi-autonomous region of the Federal Republic of Somalia. SEC. 4. REPORT ON FOREIGN ASSISTANCE AND OTHER ACTIVITIES IN SOMALILAND. (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. (b) Report.-- (1) In general.--Not later than September 30, 2022, and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that, with respect to the most recently concluded 12-month period-- (A) describes United States foreign assistance to Somaliland, including-- (i) the value of such assistance (in United States dollars); (ii) the source from which such assistance was funded; (iii) the names of the programs through which such assistance was administered; (iv) the implementing partners through which such assistance was provided; (v) the sponsoring bureau of the United States Government; and (vi) if the assistance broadly targeted the Federal Republic of Somalia, the portion of such assistance that was-- (I) explicitly intended to support Somaliland; and (II) ultimately employed in Somaliland; (B) details the staffing and responsibilities of the Department of State and the United States Agency for International Development supporting foreign assistance, relations, consular services, and security initiatives in Somaliland, including the location of such personnel (duty station) and their corresponding bureau; (C) provides-- (i) a detailed account of travel to Somaliland by employees of the Department of State and the United States Agency for International Development, if any, including the position, duty station, and trip purpose for each such trip; or (ii) the justification for not traveling to Somaliland if no such personnel traveled during the reporting period; (D) describes consular services provided by the Department of State for the residents of Somaliland; (E) discusses the Department of State's Travel Advisory for Somalia related to the region of Somaliland; and (F) if the Travel Advisory for all or part of Somaliland is identical to the Travel Advisory for other regions of Somalia, justifies such ranking based on a security assessment of the region of Somaliland. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. SEC. 5. FEASIBILITY STUDY. (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Armed Services of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Armed Services of the House of Representatives. (b) Feasibility Study.--The Secretary of State, in coordination with the Secretary of Defense, shall conduct a feasibility study that-- (1) includes coordination with Somaliland security organs; (2) determines opportunities for collaboration in the pursuit of United States national security interests in the Horn of Africa, the Gulf of Aden, and the broader Indo-Pacific region; (3) identifies the practicability of improving the professionalization and capacity of Somaliland security sector actors; and (4) identifies the most effective way to conduct and carry out programs, transactions, and other relations in the City of Hargeisa on behalf of the United States Government. (c) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall submit a classified report to the appropriate congressional committees that contains the results of the feasibility study required under subsection (b), including an assessment of the extent to which-- (1) opportunities exist for the United States to support the training of Somaliland's security sector actors with a specific focus on counterterrorism and border and maritime security; (2) Somaliland's security forces were implicated, if any, in gross violations of human rights during the 3-year period immediately preceding the date of the enactment of this Act; (3) the United States has provided or discussed with officials of Somaliland the provision of training to security forces, including-- (A) where such training has occurred; (B) the extent to which Somaliland security forces have demonstrated the ability to absorb previous training; and (C) the ability of Somaliland security forces to maintain and appropriately utilize such training, as applicable; (4) a United States diplomatic and security engagement partnership with Somaliland would have a strategic impact, including by protecting the United States and allied maritime interests in the Bab-el-Mandeb Strait and at Somaliland's Port of Berbera; (5) Somaliland could-- (A) serve as a maritime gateway in East Africa for the United States and its allies; and (B) counter Iran's presence in the Gulf of Aden and China's growing regional military presence; (6) a United States security and defense partnership could-- (A) bolster cooperation between Somaliland and Taiwan; (B) stabilize this semi-autonomous region of Somalia further as a democratic counterweight to anti- democratic forces in the greater Horn of Africa region; and (C) impact the capacity of the United States to achieve policy objectives in Somalia, particularly to degrade and ultimately defeat the terrorist threat posed by Al-Shabaab, the Islamic State in Somalia (the Somalia-based Islamic State affiliate), and other terrorist groups operating in Somalia; (7) the extent to which an improved relationship with Somaliland could-- (A) support United States policy focused on the Red Sea corridor, the Indo-Pacific region, and the Horn of Africa; (B) improve cooperation on counterterrorism and intelligence sharing; (C) enable cooperation on counter-trafficking, including the trafficking of humans, wildlife, weapons, and illicit goods; and (D) support trade and development, including how Somaliland could benefit from Prosper Africa and other regional trade initiatives. (d) Form.--The report required under subsection (c) shall be submitted in unclassified form, but may contain a classified annex. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act, including the reporting requirement under section 4 and the conduct of the feasibility study under section 5, may be construed to convey United States recognition of Somaliland as an independent state. Calendar No. 405 117th CONGRESS 2d Session S. 3861 _______________________________________________________________________

Somaliland Partnership Act

A bill to require the Secretary of State to submit annual reports to Congress on the assistance provided to Somaliland and to conduct a feasibility study, in coordination with the Secretary of Defense, on establishing a security partnership with Somaliland, without recognizing Somaliland as an independent state.

Somaliland Partnership Act Somaliland Partnership Act

Sen. Risch, James E.

R

ID

This bill requires the Department of State to annually report to Congress on U.S. assistance to Somaliland. The State Department must also report to Congress on the feasibility of establishing a U.S.-Somaliland partnership, including opportunities for collaboration on regional security issues. For the purposes of this bill, Somaliland is the territory within Somalia that has been a self-declared independent and sovereign state since 1991 that is not internationally recognized.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Somaliland Partnership Act''.</DELETED> <DELETED>SEC. 2. 3. DEFINED TERM. 4. REPORT ON FOREIGN ASSISTANCE AND OTHER ACTIVITIES IN SOMALILAND. 5. FEASIBILITY STUDY. (c) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall submit a classified report to the appropriate congressional committees that contains the results of the feasibility study required under subsection (b), including an assessment of the extent to which-- (1) opportunities exist for the United States to support the training of Somaliland's security sector actors with a specific focus on counterterrorism and border and maritime security; (2) Somaliland's security forces were implicated, if any, in gross violations of human rights during the 3-year period immediately preceding the date of the enactment of this Act; (3) the United States has provided or discussed with officials of Somaliland the provision of training to security forces, including-- (A) where such training has occurred; (B) the extent to which Somaliland security forces have demonstrated the ability to absorb previous training; and (C) the ability of Somaliland security forces to maintain and appropriately utilize such training, as applicable; (4) a United States diplomatic and security engagement partnership with Somaliland would have a strategic impact, including by protecting the United States and allied maritime interests in the Bab-el-Mandeb Strait and at Somaliland's Port of Berbera; (5) Somaliland could-- (A) serve as a maritime gateway in East Africa for the United States and its allies; and (B) counter Iran's presence in the Gulf of Aden and China's growing regional military presence; (6) a United States security and defense partnership could-- (A) bolster cooperation between Somaliland and Taiwan; (B) stabilize this semi-autonomous region of Somalia further as a democratic counterweight to anti- democratic forces in the greater Horn of Africa region; and (C) impact the capacity of the United States to achieve policy objectives in Somalia, particularly to degrade and ultimately defeat the terrorist threat posed by Al-Shabaab, the Islamic State in Somalia (the Somalia-based Islamic State affiliate), and other terrorist groups operating in Somalia; (7) the extent to which an improved relationship with Somaliland could-- (A) support United States policy focused on the Red Sea corridor, the Indo-Pacific region, and the Horn of Africa; (B) improve cooperation on counterterrorism and intelligence sharing; (C) enable cooperation on counter-trafficking, including the trafficking of humans, wildlife, weapons, and illicit goods; and (D) support trade and development, including how Somaliland could benefit from Prosper Africa and other regional trade initiatives. (d) Form.--The report required under subsection (c) shall be submitted in unclassified form, but may contain a classified annex.

S.3270

Transportation and Public Works

Maritime Administration Reauthorization Act of 2022 This bill revises provisions related to the Maritime Administration (MARAD). Among other things, the bill

To reauthorize the Maritime Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Administration Reauthorization Act of 2022''. SEC. 2. AUTHORIZATION OF THE MARITIME ADMINISTRATION. There are authorized to be appropriated to the Department of Transportation for fiscal year 2022, for programs associated with maintaining the United States Merchant Marine, the following amounts: (1) For expenses necessary to support the United States Merchant Marine Academy, $90,532,000, of which-- (A) $85,032,000, to remain available until September 30, 2023, shall be for Academy operations; and (B) $5,500,000, to remain available until expended, shall be for facilities maintenance and repair and equipment. (2) For expenses necessary for operations, support, and training activities for the State maritime academies, $50,780,000, of which-- (A) $2,400,000, to remain available until September 30, 2026, shall be for the Student Incentive Program; (B) $6,000,000, to remain available until September 30, 2023, shall be for direct payments for State maritime academies; (C) $3,800,000, to remain available until expended, shall be for training ship fuel assistance; (D) $8,080,000, to remain available until expended, shall be for offsetting the costs of training ship sharing; and (E) $30,500,000, to remain available until expended, shall be for maintenance and repair, of State maritime academy training vessels. (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000, which shall remain available until expended. (4) For expenses necessary to support Maritime Administration operations and programs, $81,853,000, of which-- (A) $10,000,000, to remain available until expended, shall be for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; (B) $11,000,000, to remain available until expended, shall be for the Marine Highways Program, including to make grants as authorized under section 55601 of title 46, United States Code; and (C) $60,853,000, to remain available until September 30, 2022, shall be for headquarters operations expenses. (5) For expenses necessary for the disposal of vessels in the National Defense Reserve Fleet of the Maritime Administration, $10,000,000, which shall remain available until expended. (6) For expenses necessary to maintain and preserve a United States-flag merchant fleet to serve the national security needs of the United States, as authorized under chapter 531 of title 46, United States Code, $318,000,000, which shall remain available until expended. (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which-- (A) $30,000,000, to remain available until expended, shall be for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and (B) $3,000,000, to remain available until expended, may be used for administrative expenses relating to loan guarantee commitments under the program. (8) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000, which shall remain available until expended. (9) For expenses necessary to provide assistance to small shipyards and for maritime training programs authorized under section 54101 of title 46, United States Code, $40,000,000, which shall remain available until expended. (10) For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port of port terminal. SEC. 3. EXPANDING THE MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE PROGRAM. (a) Maritime Environmental and Technical Assistance Program.--From the amount appropriated under section 2(1)(A), not more than 60 percent shall be reserved for activities related to technologies that support port and vessel air emissions reductions and to support zero emissions technologies, including identification of new fuel or other power sources. (b) Uses.--Section 50307 of title 46, United States Code, is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Uses.--The results of activities conducted under subsection (b)(1) shall be used to inform the policy decisions of the United States related to domestic regulations and to the United States position on matters before the International Maritime Organization.''. SEC. 4. SUSTAINABLE PORT INFRASTRUCTURE. (a) Short Title.--This section may be cited as the ``Sustainable Port Infrastructure Act''. (b) Port Development.--Section 50302(c) of title 46, United States Code, is amended-- (1) in paragraph (3)(A)(ii)-- (A) in subclause (II), by striking ``or'' after the semicolon; and (B) by adding at the end the following: ``(IV) projects that improve the resiliency of ports to address sea- level rise, flooding, extreme weather events, including earthquakes, hurricanes and tsunami inundation, including projects for-- ``(aa) port electrification or electrification master planning; ``(bb) harbor craft or equipment replacements/ retrofits; ``(cc) development of port or terminal micro-grids; ``(dd) providing idling reduction infrastructure; ``(ee) purchase of cargo handling equipment and related infrastructure; ``(ff) worker training to support electrification technology; ``(gg) installation of port bunkering facilities from ocean-going vessels for fuels; ``(hh) electric vehicle charge or hydrogen refueling infrastructure for drayage, and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or ``(ii) other related to port activities including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies; or''; (2) in paragraph (7)(B), by striking ``18 percent'' and inserting ``25 percent''; and (3) in paragraph (10)-- (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: ``(B) Efficient use of non-federal funds.-- ``(i) In general.--Notwithstanding any other provision of law and subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed-- ``(I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and ``(II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided. ``(ii) Requirements.-- ``(I) Application.--In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that clause, including-- ``(aa) a description of the activities the grant recipient intends to fund; ``(bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and ``(cc) the level of risk of the activities described in item (aa). ``(II) Approval.--The Secretary shall approve or disapprove each request submitted under subclause (I). ``(III) Compliance with applicable requirements.--Any non-Federal funds obligated or expended under clause (i) shall comply with all applicable requirements, including any requirements included in the grant agreement. ``(iii) Effect.--The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not-- ``(I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; ``(II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or ``(III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i).''. SEC. 5. ELIJAH CUMMINGS SHIP AMERICAN ACT. (a) Repeal in MAP-21.--Section 100124 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141) is repealed, and the provisions of law that were repealed or amended by that section are reenacted and amended, respectively, to read as if such section were not enacted. (b) Repeal in Bipartisan Budget Act of 2013.--Section 602 of the Bipartisan Budget Act of 2013 (Public Law 113-67) is repealed, and the provisions of law that were repealed or amended by that section are reenacted and amended, respectively, to read as of such section were not enacted. (c) Transportation Requirements for Certain Exports Sponsored by the Secretary of Agriculture.--Subsection (a)(1) of section 55314 of title 46, United States Code, as reenacted by this section, is amended by striking ``25 percent'' and inserting ``75 percent''. (d) Financing the Transportation of Agricultural Commodities.-- Section 55316(a) of title 46, United States Code, as reenacted by this section, is amended by inserting ``or from the application of section 55305 of this title, requiring transportation on privately-owned commercial vessels of the United States for 100 percent of the gross tonnage of certain equipment, materials, or commodities'' before the period. (e) Cargoes Procured, Furnished, or Financed by the United States Government.--Section 55305(b) of title 46, United States Code, is amended by striking ``50'' and inserting ``75''. SEC. 6. SENSE OF CONGRESS ON THE UNITED STATES MERCHANT MARINE. It is the sense of Congress that the United States Merchant Marine is a critical part of the United States' national infrastructure, and the men and women of the United States Merchant Marine are essential workers. SEC. 7. ENSURING DIVERSE MARINER RECRUITMENT. Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall develop and deliver to Congress a strategy to assist State maritime academies and the United States Merchant Marine Academy to improve the representation of women and underrepresented communities in the next generation of the mariner workforce, including-- (1) Black or African American; (2) Hispanic or Latino; (3) Asian; (4) American Indians, Alaska Native, or Native Hawaiians; or (5) Pacific Islander. SEC. 8. MARITIME TECHNOLOGICAL ADVANCEMENT ACT OF 2021. (a) Short Title.--This section may be cited as the ``Maritime Technological Advancement Act of 2021''. (b) Centers of Excellence for Domestic Maritime Workforce.--Section 51706 of title 46, United States Code, is amended-- (1) in subsection (a), by striking ``of Transportation''; (2) in subsection (b), in the subsection heading, by striking ``Assistance'' and inserting ``Cooperative Agreements''; (3) by redesignating subsection (c) as subsection (d); (4) in subsection (d), as redesignated by paragraph (2), by adding at the end the following: ``(3) Secretary.--The term `Secretary' means the Secretary of Transportation.''; and (5) by inserting after subsection (b) the following: ``(c) Grant Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of the Maritime Administration. ``(B) Eligible institution.--The term `eligible institution' means an institution that has a demonstrated record of success in training and is-- ``(i) a postsecondary educational institution (as such term is defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)) that offers a 2-year program of study or a 1-year program of training; ``(ii) a postsecondary vocational institution, as defined under title 600.6 of title 34, Code of Federal Regulations, or similar successor regulation; or ``(iii) another structured experiential learning training program for American workers in the United States maritime industry, including a program offered by a labor organization or conducted in partnerships with a nonprofit organization or 1 or more employers in the maritime industry. ``(C) United states maritime industry.--The term `United States maritime industry' means all segments of the maritime-related transportation system of the United States, both in domestic and foreign trade, and in coastal, offshore, and inland waters, as well as non-commercial maritime activities, such as pleasure boating and marine sciences (including all scientific research vessels), and all of the industries that support or depend upon such uses, including vessel construction and repair, vessel operations, ship logistics supply, berthing, port operations, port intermodal operations, marine terminal operations, vessel design, marine brokerage, marine insurance, marine financing, chartering, maritime-oriented supply chain operations, offshore industry, offshore wind, and maritime-oriented research and development. ``(2) Grant authorization.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, the Administrator may award maritime career training grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for workers in the United States related to the maritime workforce. ``(B) Guidelines.--Not later than 1 year after the date of enactment of this section, the Administrator shall-- ``(i) promulgate guidelines for the submission of grant proposals under this subsection; and ``(ii) publish and maintain such guidelines on the website of the Maritime Administration. ``(3) Limitations.--The Administrator may not award a grant under this subsection in an amount that is more than $12,000,000. ``(4) Required information.-- ``(A) In general.--An eligible institution that desires to receive a grant under this subsection shall submit to the Administrator a grant proposal that includes a detailed description of-- ``(i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to maritime industry workers; ``(ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of maritime workers in the community served by the eligible institution, particularly any individuals with a barrier to employment; ``(iii) the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community; and ``(iv) a description of the previous experience of the eligible institution in providing maritime educational or career training programs. ``(B) Community outreach required.--In order to be considered by the Administrator, a grant proposal submitted by an eligible institution under this subsection shall-- ``(i) demonstrate that the eligible institution-- ``(I) reached out to employers to identify-- ``(aa) any shortcomings in existing maritime educational and career training opportunities available to workers in the community; and ``(bb) any future employment opportunities within the community and the educational and career training skills required for workers to meet the future maritime employment demand; and ``(II) reached out to other similarly situated entities in an effort to benefit from any best practices that may be shared with respect to providing maritime educational or career training programs to workers eligible for training; and ``(ii) include a detailed description of-- ``(I) the extent and outcome of the outreach conducted under clause (i); ``(II) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under clause (i)(I)(aa) or any maritime educational or career training needs identified under clause (i)(I)(bb); and ``(III) the extent to which employers, including small- and medium- sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted. ``(5) Criteria for award of grants.-- ``(A) In general.--Subject to the appropriation of funds, the Administrator shall award a grant under this subsection based on-- ``(i) a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve maritime educational or career training programs to be made available to workers; ``(ii) an evaluation of the likely employment opportunities available to workers who complete a maritime educational or career training program that the eligible institution proposes to develop, offer, or improve; ``(iii) an evaluation of prior demand for training programs by workers in the community served by the eligible institution, as well as the availability and capacity of existing maritime training programs to meet future demand for training programs; ``(iv) any prior designation of an institution as a Center of Excellence for Domestic Maritime Workforce Training and Education; and ``(v) an evaluation of the previous experience of the eligible institution in providing maritime educational or career training programs. ``(B) Matching requirements.--A grant awarded under this subsection may not be used to satisfy any private matching requirement under any other provision of law. ``(6) Competitive awards.-- ``(A) In general.--The Administrator shall award grants under this subsection to eligible institutions on a competitive basis in accordance with guidelines and requirements established by the Administrator under paragraph (2)(B). ``(B) Timing of grant notice.--The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this subsection not more than 90 days after the date of enactment of the appropriations Act for the fiscal year concerned. ``(C) Timing of grants.--The Administrator shall award grants under this subsection not later than 270 days after the date of enactment of the appropriations Act for the fiscal year concerned. ``(D) Application of requirements.--The requirements under subparagraphs (B) and (C) shall not apply until the guidelines required under paragraph (2)(B) have been promulgated. ``(E) Reuse of unexpended grant funds.-- Notwithstanding subparagraph (C), amounts awarded as a grant under this subsection that are not expended by the grantee shall remain available to the Administrator for use for grants under this subsection. ``(F) Administrative costs.--Not more than 3 percent of amounts made available to carry out this subsection may be used for the necessary costs of grant administration. ``(7) Eligible uses of grant funds.--An eligible institution receiving a grant under this subsection-- ``(A) shall carry out activities that are identified as priorities for the purpose of developing, offering, or improving educational or career training programs for the United States maritime industry workforce; ``(B) shall provide training to upgrade the skills of the United States maritime industry workforce, including training to acquire covered requirements as well as technical skills training for jobs in the United States maritime industry; and ``(C) may use the grant funds to-- ``(i) admit additional students to maritime training programs; ``(ii) develop, establish, and annually update viable training capacity, courses and mechanisms to rapidly upgrade skills and perform assessments of merchant mariners during time of war or national emergency and to increase credentials for domestic or defense needs where training can decrease the gap in the numbers of qualified mariners for sealift; ``(iii) provide services to upgrade the skills of United States offshore wind marine service workers who transport, install, operate, or maintain offshore wind components and turbines, including training, curriculum, and career pathway development, on-the-job training, safety, and health training, and classroom training; ``(iv) expand existing or create new maritime training programs, including through partnerships and memoranda of understanding with 4-year institutions of higher education, labor organizations, apprenticeships with the United States maritime industry, or with 1 or more employers in the maritime industry; ``(v) create new maritime career pathways; ``(vi) expand existing or create new training programs for transitioning military veterans to careers in the United States maritime industry; ``(vii) expand existing or create new training programs that address the needs of individuals with a barrier to employment, as determined by the Secretary in consultation with the Secretary of Labor, in the United States maritime industry; ``(viii) purchase, construct, develop, expand, or improve training facilities, buildings, and equipment to deliver maritime training programs; ``(ix) recruit and train additional faculty to expand the maritime training programs offered by the eligible institution; ``(x) provide financial assistance through scholarships or tuition waivers, not to exceed the applicable tuition expenses associated with the covered programs; ``(xi) promote the use of distance learning that enables students to take courses through the use of teleconferencing, the Internet, and other media technology; ``(xii) assist in providing services to address maritime workforce recruitment and training of youth residing in targeted high- poverty areas within empowerment zones and enterprise communities; ``(xiii) implement partnerships with national and regional organizations with special expertise in developing, organizing, and administering maritime workforce recruitment and training services; ``(xiv) carry out customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program, paid internship, or joint labor- management partnership; ``(xv) carry out customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program, paid internship, or joint labor- management partnership; ``(xvi) design, develop, and test an array of approaches to providing recruitment, training, or retention services, to enhance diversity, equity and inclusion in the United States maritime industry workforce; ``(xvii) in conjunction with employers, organized labor, other groups (such as community coalitions), and Federal, State, or local agencies, design, develop, and test various training approaches in order to determine effective practices; or ``(xviii) assist in the development and replication of effective service delivery strategies for the United States maritime industry as a whole. ``(8) Public report.--Not later than December 15 in each of the calendar years 2023 through 2025, the Administrator shall make available on a publicly available website a report and provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives-- ``(A) describing each grant awarded under this subsection during the preceding fiscal year; ``(B) assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers receiving training; and ``(C) describing the performance of the grant awarded with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)). ``(9) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $60,000,000 for each of the fiscal years 2022 through 2026.''. SEC. 9. PREPARING THE MARITIME WORKFORCE FOR LOW AND ZERO EMISSION VESSELS. (a) Development of Strategy.--The Secretary of Transportation, in consultation with the United States Merchant Marine Academy, State maritime academies, and civilian nautical schools and the Secretary of the department in which the Coast Guard is operating, shall develop a strategy to ensure there is an adequate supply of trained United States citizen mariners sufficient to meet the operational requirements of low and zero emission vessels. (b) Report.--Not later than 6 months after the date the Secretary of Transportation determines that there is commercially viable technology for low and zero emission vessels, the Secretary of Transportation shall-- (1) submit a report on the strategy developed under subsection (a) and plans for its implementation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (2) make such report publicly available. SEC. 10. NAVAL TECHNOLOGY TRANSFER FOR QUIETING FEDERAL NON-COMBATANT VESSELS. (a) In General.--The Secretary of Defense, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Maritime Administration, and the Secretary of the department in which the Coast Guard is operating, shall, not later than 18 months after the date of enactment of this Act, submit a report to the committees identified under subsection (b) and publish an unclassified report-- (1) identifying existing, at the time of submission, non- classified naval technologies that reduce underwater noise; and (2) evaluating the effectiveness and feasibility of incorporating such technologies in the design, procurement, and construction of non-combatant vessels of the United States. (b) Committees.--The report under subsection (a) shall be submitted the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Defense for carrying out this section, $100,000 for fiscal year 2022, to remain available until expended. SEC. 11. STUDY EXAMINING THE IMPACT OF STORMWATER RUNOFF AND TIRES NEAR PORTS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration, in concert with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall commence a study that-- (1) examines the existing science on tire-related chemicals in stormwater runoff at ports and associated transportation infrastructure and the impacts of such chemicals on Pacific salmon and steelhead; (2) examines the challenges of studying tire-related chemicals in stormwater runoff at ports and associated transportation infrastructure and the impacts of such chemicals on Pacific salmon and steelhead; (3) provides recommendations for improving monitoring of stormwater and research related to run-off for tire-related chemicals and the impacts of such chemicals on Pacific salmon and steelhead at ports and associated transportation infrastructure near ports; and (4) provides recommendations based on the best available science on relevant management approaches at ports and associated transportation infrastructure under their respective jurisdictions. (b) Submission of Study.--Not later than 18 months after commencing the study under subsection (a), the Administrator of the National Oceanic and Atmospheric Administration, in concert with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall-- (1) submit the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, including detailing any findings from the study; and (2) make such study publicly available. SEC. 12. STRATEGIC SEAPORTS. Section 50302(c)(6) of title 46, United States Code, is amended by adding at the end the following: ``(C) Infrastructure improvements identified in the report on strategic seaports.--In selecting projects described in paragraph (3) for funding under this subsection, the secretary shall consider infrastructure improvements identified in the report on strategic seaports required by section 3515 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1985) that would improve the commercial operations of those seaports.''. SEC. 13. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT. (a) Short Title.--This section may be cited as the ``Improving Protections for Midshipmen Act''. (b) Suspension or Revocation of Merchant Mariner Credentials for Perpetrators of Sexual Harassment or Sexual Assault.-- (1) In general.--Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following: ``SEC. 7704A. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION OR REVOCATION. ``(a) Sexual Harassment.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part within 10 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual harassment, then the license, certificate of registry, or merchant mariner's document shall be suspended or revoked. ``(b) Sexual Assault.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part within 20 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual assault, then the license, certificate of registry, or merchant mariner's document shall be revoked. ``(c) Substantiated Claim.-- ``(1) In general.--The term `substantiated claim' means-- ``(A) a finding by any administrative or legal proceeding that the individual committed sexual harassment or sexual assault in violation of any Federal, State, local or Tribal law or regulation; or ``(B) a determination after an investigation by the Coast Guard that it is more likely than not the individual committed sexual harassment or sexual assault as defined in subsection (c). ``(2) Investigation by the coast guard.--An investigation by the Coast Guard under paragraph (1)(B) shall include evaluation of the following materials that shall be provided to the Coast Guard: ``(A) Any inquiry or determination made by the employer as to whether the individual committed sexual harassment or sexual assault. ``(B) Upon request, from an employer or former employer of the individual, any investigative materials, documents, records, or files in its possession that are related to the claim of sexual harassment or sexual assault by the individual. ``(d) Definitions.-- ``(1) Sexual harassment.--The term `sexual harassment' means any of the following: ``(A) Conduct that-- ``(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature when-- ``(I) submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; ``(II) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; ``(III) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment; or ``(IV) conduct may have been by a person's supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and ``(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. ``(B) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a subordinate. ``(C) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant. ``(2) Sexual assault.--The term `sexual assault' means any form of abuse or contact as defined in chapter 109A of title 18, United States Code. ``(e) Regulations.--The Secretary of the department in which the Coast Guard is operating may issue further regulations as necessary to update the definitions in this section, consistent with descriptions of sexual harassment and sexual assault addressed in title 10 and title 18, United States Code, and any other relevant Federal laws, to implement subsection (a) of this section.''. (2) Clerical amendment.--The table of sections of chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following: ``7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.''. (c) Supporting the United States Merchant Marine Academy.-- (1) In general.--Chapter 513 of title 46, United States Code, is amended by adding at the end the following: ``SEC. 51323. SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION INFORMATION MANAGEMENT SYSTEM. ``(a) Information Management System.-- ``(1) In general.--Not later than January 1, 2023, the Maritime Administrator shall establish an information management system to track and maintain, in such a manner that patterns can be reasonably identified, information regarding claims and incidents involving cadets that are reportable pursuant to subsection (d) of section 51318 of this chapter. ``(2) Information maintained in the system.--Information maintained in the system shall include the following information, to the extent that information is available: ``(A) The overall number of sexual assault or sexual harassment incidents per fiscal year. ``(B) The location of each such incident, including vessel name and the name of the company operating the vessel, if applicable. ``(C) The names and ranks of the individuals involved in each such incident. ``(D) The general nature of each such incident, to include copies of any associated reports completed on the incidents. ``(E) The type of inquiry made into each such incident. ``(F) A determination as to whether each such incident is substantiated. ``(G) Any informal and formal accountability measures taken for misconduct related to the incident, including decisions on whether to prosecute the case. ``(3) Past information included.--The information management system under this section shall include the relevant data listed in this subsection related to sexual assault and sexual harassment that the Maritime Administrator possesses, and shall not be limited to data collected after January 1, 2023. ``(4) Privacy protections.--The Maritime Administrator and the Department of Transportation Chief Information Officer shall coordinate to ensure that the information management system under this section shall be established and maintained in a secure fashion to ensure the protection of the privacy of any individuals whose information is entered in such system. ``(5) Cybersecurity audit.--Ninety days after the implementation of the information management system, the Office of Inspector General of the Department of Transportation shall commence an audit of the cybersecurity of the system and shall submit a report containing the results of that audit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ``(b) Sea Year Program.--The Maritime Administrator shall provide for the establishment of in-person and virtual confidential exit interviews, to be conducted by personnel who are not involved in the assignment of the midshipmen to a Sea Year vessel, for midshipmen from the Academy upon completion of Sea Year and following completion by the midshipmen of the survey under section 51322(d). ``SEC. 51324. STUDENT ADVISORY BOARD AT THE UNITED STATES MERCHANT MARINE ACADEMY. ``(a) In General.--The Administrator of the Maritime Administration shall establish at the United States Merchant Marine Academy an advisory board to be known as the Advisory Board to the Secretary of Transportation (referred to in this section as the `Advisory Board'). ``(b) Membership.--The Advisory Board shall be composed of not fewer than 12 midshipmen of the Merchant Marine Academy who are enrolled at the Merchant Marine Academy at the time of the appointment, including not fewer than 3 cadets from each class. ``(c) Appointment; Term.--Midshipmen shall serve on the Advisory Board pursuant to appointment by the Administrator of the Maritime Administration. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of midshipmen at the Academy. The term of membership of a midshipmen on the Advisory Board shall be 1 academic year. ``(d) Reappointment.--The Administrator of the Maritime Administration may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Administrator determines such reappointment to be in the best interests of the Merchant Marine Academy. ``(e) Meetings.--The Advisory Board shall meet with the Secretary of Transportation at least once each academic year to discuss the activities of the Advisory Board. The Advisory Board shall meet in person with the Administrator of the Maritime Administration not less than 2 times each academic year to discuss the activities of the Advisory Board. ``(f) Duties.--The Advisory Board shall-- ``(1) identify health and well-being, diversity, and sexual assault and harassment challenges and other topics considered important by the Advisory Board facing midshipmen both at the Merchant Marine Academy, off campus, and while aboard ships during Sea Year or other training opportunities; ``(2) discuss and propose possible solutions, including improvements to culture and leadership development at the Merchant Marine Academy; and ``(3) periodically, review the efficacy of the program in section 51323(b), as appropriate, and provide recommendations to the Maritime Administrator for improvement. ``(g) Working Groups.--The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of midshipmen at the Merchant Marine Academy who are not current members of the Advisory Board. ``(h) Reports and Briefings.--The Advisory Board shall regularly provide the Secretary of Transportation and the Administrator of the Maritime Administration reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both. ``SEC. 51325. SEXUAL ASSAULT ADVISORY COUNCIL. ``(a) Establishment.--The Secretary of Transportation shall establish a Sexual Assault Advisory Council (in this section referred to as the `Council'). ``(b) Membership.-- ``(1) In general.--The Council shall be composed of not fewer than 8 and not more than 14 individuals selected by the Secretary of Transportation who are alumni that have graduated within the last 4 years or current midshipmen of the United States Merchant Marine Academy (including midshipmen or alumni who were victims of sexual assault and midshipmen or alumni who were not victims of sexual assault) and governmental and nongovernmental experts and professionals in the sexual assault field. ``(2) Experts included.--The Council shall include-- ``(A) not less than 1 member who is licensed in the field of mental health and has prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization; and ``(B) not less than 1 member who has prior experience developing or implementing sexual assault or sexual assault prevention and response policies in an academic setting. ``(3) Rules regarding membership.--No employee of the Department of Transportation shall be a member of the Council. The number of governmental experts appointed to the Council shall not exceed the number of nongovernmental experts. ``(c) Duties; Authorized Activities.-- ``(1) In general.--The Council shall meet not less often than semi-annually to-- ``(A) review-- ``(i) the policies on sexual harassment, dating violence, domestic violence, sexual assault, and stalking under section 51318 of this title; and ``(ii) related matters the Council views as appropriate; and ``(B) develop recommendations designed to ensure that such policies and such matters conform, to the extent practicable, to best practices in the field of sexual assault and sexual harassment response and prevention. ``(2) Authorized activities.--To carry out this subsection, the Council may-- ``(A) conduct case reviews, as appropriate and only with the consent of the victim of sexual assault or harassment; ``(B) interview current and former midshipmen of the United States Merchant Marine Academy (to the extent that such midshipmen provide the Department of Transportation express consent to be interviewed by the Council); and ``(C) review-- ``(i) exit interviews under section 51323(b) and surveys under section 51322(d); ``(ii) data collected from restricted reporting; and ``(iii) any other information necessary to conduct such case reviews. ``(3) Personally identifiable information.--In carrying out this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. ``(d) Reports.--On an annual basis for each of the 5 years after the date of enactment of this section, and at the discretion of the Council thereafter, the Council shall submit, to the President and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the Council's findings based on the reviews conducted pursuant to subsection (c) and related recommendations. ``(e) Employee Status.--Members of the Council shall not be considered employees of the United States Government for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. ``SEC. 51326. DIVERSITY AND INCLUSION ACTION PLAN. ``(a) In General.--Not later than January 1, 2023, the Maritime Administrator shall issue a Diversity and Inclusion Action Plan for the United States Merchant Marine Academy (referred to in this section as the `Plan') and make the Plan publicly available. ``(b) Contents of Diversity and Inclusion Action Plan; Surveys.-- ``(1) In general.--The Plan shall-- ``(A) contain a description of how the United States Merchant Marine Academy will increase recruiting efforts in historically underrepresented communities, including through partnerships with historically Black colleges and universities and maritime centers of excellence designated under section 51706; ``(B) develop and make available resources to-- ``(i) establish responsibilities for midshipmen, faculty, and staff of the Academy with respect to diversity and inclusion; ``(ii) create standards of-- ``(I) training that require interpersonal dialogue on diversity and inclusion; ``(II) setting behavioral boundaries with others; and ``(III) specific processes for the reporting and documentation of misconduct related to hazing, bullying, hate, and harassment; ``(iii) hold leaders and other individuals at the Academy accountable for violations of such standards; ``(iv) equip midshipmen, faculty, and staff of the Academy with the resources and materials to promote a diverse and inclusive working environment; and ``(v) address how concepts of diversity and inclusion can be integrated into the curriculum and training of the Academy. ``(2) Surveys.--The Maritime Administrator shall-- ``(A) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing-- ``(i) the inclusiveness of the environment of the Academy; and ``(ii) the effectiveness of the Plan; and ``(B) require an annual survey of faculty and staff of the Academy assessing the inclusiveness of the environment of the Sea Year program.''. (2) Report to congress.--Not later than 30 days after the date of enactment of this section, the Maritime Administrator shall provide Congress with a briefing on the resources necessary to properly implement this section. (3) Conforming amendments.--The chapter analysis for chapter 513 of title 46, United States Code, is amended by adding at the end the following: ``51323. Sexual assault and sexual harassment prevention information management system. ``51324. Student advisory board at the United States Merchant Marine Academy. ``51325. Sexual assault advisory council. ``51326. Diversity and inclusion action plan.''. (4) United states merchant marine academy student support plan.-- (A) Student support plan.--Not later than January 1, 2023, the Maritime Administrator shall issue a Student Support Plan for the United States Merchant Marine Academy, in consultation with relevant mental health professionals in the Federal Government or experienced with the maritime industry or related industries. Such plan shall-- (i) address the mental health resources available to midshipmen, both on-campus and during Sea Year; (ii) establish a tracking system for suicidal ideations and suicide attempts of midshipmen; (iii) create an option for midshipmen to obtain assistance from a professional care provider virtually; and (iv) require an annual survey of faculty and staff assessing the adequacy of mental health resources for midshipmen of the Academy, both on campus and during Sea Year. (B) Report to congress.--Not later than 30 days after the date of enactment of this Act, the Maritime Administrator shall provide Congress with a report on the resources necessary to properly implement this paragraph. (d) Special Victims Advisor.--Section 51319 of title 46, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Special Victims Advisor.-- ``(1) In general.--The Secretary shall designate an attorney (to be known as the `Special Victims Advisor') for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense regarding administrative and criminal proceedings related to such offense, regardless of whether the report of that offense is restricted or unrestricted. ``(2) Special victims advisory.--The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of Uniform Code of Military Justice procedures, as well as criminal and civil law. ``(3) Privileged communications.--Any communications between a victim of an alleged sex-related offense and the Special Victim Advisor, when acting in their capacity as such, shall have the same protection that applicable law provides for confidential attorney-client communications.''; and (3) by adding at the end the following: ``(e) Unfilled Vacancies.--The Administrator of the Maritime Administration may appoint qualified candidates to positions under subsection (a) and (c) of this section without regard to sections 3309 through 3319 of title 5, United States Code.''. (e) Catch a Serial Offender Assessment.-- (1) Assessment.--Not later than one year after the date of enactment of this Act, the Commandant of the Coast Guard, in coordination with the Maritime Administrator, shall conduct an assessment of the feasibility and process necessary, and appropriate responsible entities to establish a program for the United States Merchant Marine Academy and United States Merchant Marine modeled on the Catch a Serial Offender program of the Department of Defense using the information management system required under subsection (a) of section 51323 of title 46, United States Code, and the exit interviews under subsection (b) of such section. (2) Legislative change proposals.--If, as a result of the assessment required by paragraph (1), the Commandant or the Administrator determines they need additional authority to implement the program described in paragraph (1), the Commandant or the Administrator, as applicable, shall provide appropriate legislative change proposals to Congress. (f) Shipboard Training.--Section 51322(a) of title 46, United States Code, is amended by adding at the end the following: ``(3) Training.-- ``(A) In general.--As part of training that shall be provided not less than semi-annually to all midshipmen of the Academy, pursuant to section 51318, the Maritime Administrator shall develop and implement comprehensive in-person sexual assault risk-reduction and response training that, to the extent practicable, conforms to best practices in the sexual assault prevention and response field and includes appropriate scenario-based training. ``(B) Development and consultation with experts.-- In developing the sexual assault risk-reduction and response training under subparagraph (A), the Maritime Administrator shall consult with and incorporate, as appropriate, the recommendations and views of experts in the sexual assault field.''. <all>

Maritime Administration Reauthorization Act of 2022

A bill to reauthorize the Maritime Administration, and for other purposes.

Maritime Administration Reauthorization Act of 2022 Improving Protections for Midshipmen Act Maritime Technological Advancement Act of 2021 Sustainable Port Infrastructure Act

Sen. Cantwell, Maria

D

WA

This bill revises provisions related to the Maritime Administration (MARAD). Among other things, the bill

2. AUTHORIZATION OF THE MARITIME ADMINISTRATION. (9) For expenses necessary to provide assistance to small shipyards and for maritime training programs authorized under section 54101 of title 46, United States Code, $40,000,000, which shall remain available until expended. 3. 4. (a) Short Title.--This section may be cited as the ``Sustainable Port Infrastructure Act''. ``(II) Approval.--The Secretary shall approve or disapprove each request submitted under subclause (I). ``(III) Compliance with applicable requirements.--Any non-Federal funds obligated or expended under clause (i) shall comply with all applicable requirements, including any requirements included in the grant agreement. 6. 7. ENSURING DIVERSE MARINER RECRUITMENT. 8. ''; and (5) by inserting after subsection (b) the following: ``(c) Grant Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of the Maritime Administration. ``(2) Grant authorization.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, the Administrator may award maritime career training grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for workers in the United States related to the maritime workforce. PREPARING THE MARITIME WORKFORCE FOR LOW AND ZERO EMISSION VESSELS. 10. (b) Committees.--The report under subsection (a) shall be submitted the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. STUDY EXAMINING THE IMPACT OF STORMWATER RUNOFF AND TIRES NEAR PORTS. 1985) that would improve the commercial operations of those seaports.''. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT. ``(B) Upon request, from an employer or former employer of the individual, any investigative materials, documents, records, or files in its possession that are related to the claim of sexual harassment or sexual assault by the individual. 51323. SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION INFORMATION MANAGEMENT SYSTEM. ``(E) The type of inquiry made into each such incident. ``(F) A determination as to whether each such incident is substantiated. STUDENT ADVISORY BOARD AT THE UNITED STATES MERCHANT MARINE ACADEMY. Such reports and briefings may be provided in writing, in person, or both. shall not apply to the Council. ``SEC. DIVERSITY AND INCLUSION ACTION PLAN. (3) Conforming amendments.--The chapter analysis for chapter 513 of title 46, United States Code, is amended by adding at the end the following: ``51323. ``(2) Special victims advisory.--The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of Uniform Code of Military Justice procedures, as well as criminal and civil law. (2) Legislative change proposals.--If, as a result of the assessment required by paragraph (1), the Commandant or the Administrator determines they need additional authority to implement the program described in paragraph (1), the Commandant or the Administrator, as applicable, shall provide appropriate legislative change proposals to Congress.

H.R.211

Animals

Big Cat Public Safety Act This bill revises restrictions on the possession, exhibition, or breeding of big cats (i.e., species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). For example, the bill permits wildlife sanctuaries to allow direct contact between the public and big cats.

To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cat Public Safety Act''. SEC. 2. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.--Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 3. PROHIBITIONS. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``(1) through (3)'' and inserting ``(1) through (3) or subsection (e)''; and (2) by amending subsection (e) to read as follows: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to-- ``(A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing; ``(B) a State college, university, or agency, or a State-licensed veterinarian; ``(C) a wildlife sanctuary that cares for prohibited wildlife species, and-- ``(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; ``(ii) does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals; and ``(iii) does not breed any prohibited wildlife species; ``(D) has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or ``(E) an entity or individual that is in possession of any prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and-- ``(i) not later than 180 days after the date of the enactment of the such Act, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service; and ``(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act.''. SEC. 4. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(e),'' after ``(d),''; and (2) by inserting ``, (e),'' after ``subsection (d)''. (b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraph (1)(A), by inserting ``(e),'' after ``(d),''; (2) in paragraph (1)(B), by inserting ``(e),'' after ``(d),''; (3) in paragraph (2), by inserting ``(e),'' after ``(d),''; and (4) by adding at the end the following: ``(4) Any person who knowingly violates subsection (e) of section 3 shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense is deemed to have been committed in the district where the violation first occurred, and in any district in which the defendant may have taken or been in possession of the prohibited wildlife species.''. SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting ``bred, possessed,'' before ``imported, exported,''. SEC. 6. ADMINISTRATION. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).''. SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. <all>

Big Cat Public Safety Act

To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes.

Big Cat Public Safety Act

Rep. McClintock, Tom

R

CA

This bill revises restrictions on the possession, exhibition, or breeding of big cats (i.e., species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). For example, the bill permits wildlife sanctuaries to allow direct contact between the public and big cats.

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 ``Big Cat Public Safety Act''. 2. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``(1) through (3)'' and inserting ``(1) through (3) or subsection (e)''; and (2) by amending subsection (e) to read as follows: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to-- ``(A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing; ``(B) a State college, university, or agency, or a State-licensed veterinarian; ``(C) a wildlife sanctuary that cares for prohibited wildlife species, and-- ``(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; ``(ii) does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals; and ``(iii) does not breed any prohibited wildlife species; ``(D) has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or ``(E) an entity or individual that is in possession of any prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and-- ``(i) not later than 180 days after the date of the enactment of the such Act, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service; and ``(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act.''. 4. PENALTIES. 3373(a)(1)) is amended-- (1) by inserting ``(e),'' after ``(d),''; and (2) by inserting ``, (e),'' after ``subsection (d)''. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.

H.R.5394

Health

Meaningful Access to Federal Health Plan Claims Data Act of 2021 This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a program that allows clinician-led clinical data registries to access Medicare claims data for purposes of research, quality of care measurement, and reporting. (Clinician-led clinical data registries are data repositories operated by clinician organizations and that collect information about particular diseases and related medical procedures and therapies.) The new program must allow for various types of data queries, including provider, state, and nationwide claims data. Such data may be used for public reports about provider performance, specified nonpublic analyses (e.g., medical research), and fee-based data services. Registries must apply to the CMS for access. Additionally, registries and their authorized users must enter into data use agreements and are subject to monetary penalties for breaching such agreements. The bill also allows for Medicare coverage of new and emerging items and services for purposes of evidence collection in relation to such items and services.

To require the Secretary of Health and Human Services to establish a new program which ensures meaningful access to claims data by clinician-led clinical data registries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This part may be cited as the ``Meaningful Access to Federal Health Plan Claims Data Act of 2021''. SEC. 2. FINDINGS. Congress finds as follows: (1) Clinician-led clinical data registries serve an important role in promoting, facilitating, and conducting medical research and improving quality of healthcare by providing timely and actionable feedback to practitioners on their performance in relation to other practitioners and best clinical practices. (2) Clinician-led clinical data registries are hindered in their ability to promote medical research and quality improvement by their lack of meaningful access to claims data. (3) While the Centers for Medicare & Medicaid Services has established programs for providing access to claims data, those programs fail to provide clinician-led clinical data registries with meaningful access to such data. (4) Ensuring clinician-led clinical data registries meaningful access to claims data will enable such entities to better track patient outcomes over time, expand their ability to assess the safety and effectiveness of medical treatments, and provide them with the information necessary to assess the cost-effectiveness of therapies. SEC. 3. ENSURING MEANINGFUL ACCESS TO CLAIMS DATA BY CLINICIAN-LED CLINICAL DATA REGISTRIES. (a) Ensuring Meaningful Access to Claims Data.-- (1) Establishment of a new program.-- (2) Establishment of a new program.--The Secretary shall establish a new program (separate from any existing data access programs, including, without limitation, the Centers for Medicare & Medicaid Services Qualified Entity (in this section, referred to as ``QE'') Program (42 U.S.C. 1395kk(e), 1395kk-2) (in this section, referred to as the ``Medicare Data Sharing for Performance Measurement Program'') and the Research Data Assistance Center (in this section, referred to as the ``ResDAC'') process) under which the Secretary shall, at the request of a clinician-led clinical data registry, provide timely, broad, and continuous access to a database of claims data to such clinician-led clinical data registry for purposes of research, quality of care measurement and reporting to health care providers, linking such data with clinical data and performing risk-adjusted, scientifically valid analyses and research to support quality improvement or patient safety, and other purposes and uses described herein or approved by the Secretary. Access to a database of claims data pursuant to this subsection shall not be more restrictive than access to data provided under the QE Program or the ResDAC process. (3) Streamlined application process.-- (A) Initial and recertification application.--Prior to gaining access to a database of claims data under the program established in subsection (a), a clinician- led clinical data registry shall submit to the Secretary an application demonstrating that it is qualified (as determined by the Secretary) to use claims data. Upon the Secretary's approval of a clinician-led clinical data registry's application described in this subparagraph, the Secretary shall provide access to a database of claims data to such clinician-led clinical data registry for a period of at least 5 years. After the expiration of the time period described in this subparagraph, the clinician-led clinical data registry shall reapply to access the database of claims data under the program established in subsection (a). (B) Process.--The Secretary shall establish a streamlined initial application and recertification application process under which the Secretary shall approve or deny the clinician-led clinical data registry's application described in subparagraph (2)(A) within 60 calendar days after receiving the application unless the Secretary demonstrates a compelling reason for needing additional time to complete the process. If the clinician-led clinical data registry's application described in subparagraph (2)(A) is denied, the Secretary shall provide the reason(s) for denial. (4) Appeal rights.-- (A) Opportunity to appeal.--The Secretary shall develop and maintain a process by which clinician-led clinical data registries may appeal-- (i) the Secretary's decision to deny the clinician-led clinical data registry's application described in subparagraph (2)(A); and (ii) the Secretary's failure to approve or deny the clinician-led clinical data registry's application described in subparagraph (2)(A) within a reasonable timeframe established by the Secretary. (B) Deadline for decision.--The Secretary shall render a decision with respect to an appeal filed by a clinician-led clinical data registry pursuant to subparagraph (A) in a timely manner, not to exceed 60 calendar days after the Secretary receives the clinician-led clinical data registry's request for an appeal. Notice of such decision shall be provided to the clinician-led clinical data registry filing the appeal before the conclusion of such 60-day period. (5) Broad and timely access to data.--The Secretary shall structure its database of claims data to allow for various data set queries, including, but not limited to, provider-specific claims data, clinical specialty-specific claims data, state- specific claims data, and nationwide claims data. The Secretary shall promptly make available to a clinician-led clinical data registry access to claims data requested by such clinician-led clinical data registry within a reasonable timeframe, not to exceed 30 calendar days, after the Secretary approves the request from the clinician-led clinical data registry. (b) Permissible Uses of Claims Data.--Clinician-led clinical data registries may-- (1) make available to the public reports evaluating the performance of providers of services and suppliers using the claims data provided to such clinician-led clinical data registry under subsection (a) in combination with registry data; (2) use claims data received under subsection (a) combined with registry data to conduct additional non-public analyses and provide or charge an access fee for such analyses to authorized users for non-public use; (3) provide or charge an access fee for data sets that link claims data received under subsection (a) with registry data to authorized users for non-public use; and (4) provide or charge an access fee for claims data received under subsection (a) to authorized users for non- public use. (c) Fees.-- (1) Claims data provided to clinician-led clinical data registries.--Claims data shall be provided to a clinician-led clinical data registry under subsection (a) at a reasonable fee based on the cost of providing such data to the clinician-led clinical data registry. Such fee shall be based at least in part on the number of patients included in the claims data provided to such clinician-led clinical data registry. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (2) Analyses and data provided to authorized users.-- Clinician-led clinical data registries may charge a reasonable, cost-based fee for providing to authorized users claims data, data sets linking claims data with registry data, or analyses described in subsection (b). (d) Protection of Information.-- (1) Privacy, security, and disclosure laws.--The Secretary shall provide access to a database of claims data pursuant to subsection (a) in accordance with applicable information, privacy, security, and disclosure laws, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Privacy and Security provisions set forth in Section 13400 of the Health Information Technology for Economic and Clinical Health Act, Public Law 111-5, the regulations promulgated thereunder codified at 45 CFR Parts 160 and 164, and subparagraphs (A) through (B) of section 105(a)(3) of the Medicare Access and CHIP Reauthorization Act of 2015 (42 U.S.C. 1395kk-2(a)(3)). (2) Prohibition on using analyses or data for marketing purposes.--An authorized user shall not use analyses or data provided or sold under paragraphs (2) through (4) of subsection (b) for marketing purposes. (3) No redisclosure of analyses or data.--An authorized user in receipt of an analysis or datum provided or sold under paragraphs (2) through (4) of subsection (b) shall comply with section 105(a)(5) of Medicare Access and CHIP Reauthorization Act of 2015 (42 U.S.C. 1395kk-2(a)(5)). (4) Opportunity for providers of services and suppliers to review.--Prior to a clinician-led clinical data registry using, providing, or charging an access fee for claims data, data sets linking claims data with registry data, or analyses described in subsection (b), to the extent that such data, data sets, or analyses would individually identify a provider of services or supplier who is not being provided or sold such data, data sets, or analyses, such clinician-led clinical data registry shall confidentially make available such data, data sets, or analyses to such provider of services or supplier and provide such provider of services or supplier with the opportunity to appeal and correct errors. (e) Data Use Agreement.--A clinician-led clinical data registry and an authorized user shall enter into a data use agreement regarding the use or disclosure of any claims data or data sets that link claims data with registry data that the clinician-led clinical data registry is providing or charging an access fee to the authorized user under paragraphs (3) through (4) of subsection (b). Such agreement shall include the requirements and prohibitions described in section 105(a)(4) of the Medicare Access and CHIP Reauthorization Act of 2015 (42 U.S.C. 1395kk-2(a)(4)). (f) Assessment for a Breach.-- (1) In general.--In the case of a breach of a data use agreement, the Secretary shall impose an assessment on the clinician-led clinical data registry and the authorized user. (2) Assessment.--The assessment under subsection (f)(1) shall be in an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title for whom the clinician-led clinical data registry provided data on to the authorized user. (3) Deposit of amounts collected.--Any amounts collected pursuant to this subsection shall be deposited in the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t). (g) Discovery or Admission as Evidence.--Claims data released to a clinician-led clinical data registry under subsection (a) shall not be subject to discovery or admission as evidence in judicial or administrative proceedings without consent of the applicable provider of services or supplier. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the extent to which clinician-led clinical data registries are afforded meaningful access to claims data. SEC. 5. DEFINITIONS. In this Act: (1) Authorized user.--The term ``authorized user'' shall have the meaning ascribed to it in section 105(a)(9)(A) of the Medicare Access and CHIP Reauthorization Act of 2015 (42 U.S.C. 1395kk-2(a)(9)(A)), as well as a government agency or other governmental entity, researchers, entities that seek data for purposes of complying with regulations or other requirements of the Federal Food and Drug Administration, and other entities approved by the Secretary. (2) Claims data.--The term ``claims data'' shall have the meaning ascribed to the term ``data'' in section 105(b)(1)(B) of the Medicare Access and CHIP Reauthorization Act of 2015 (42 U.S.C. 1395kk-2(b)(1)(B)). (3) Clinician-led clinical data registry.--The term ``clinician-led clinical data registry'' shall have the meaning ascribed to it in section 4005(b) of the 21st Century Cures Act. (4) Data use agreement.--The term ``data use agreement'' means an agreement described in subsection (e) of section 3. (5) Non-public use.--The term ``non-public use'' means for the purposes of-- (A) promoting, facilitating, and conducting medical research; assisting providers of services and suppliers to improve patient safety and to develop and participate in quality and patient care improvement activities, including developing new models of care; (B) assisting clinician-led clinical data registries in developing and reporting quality measures to health care providers quality measures; (C) educating a government agency or other governmental entity; and (D) supporting clinical trials and other activities necessary to comply with pre- or post-market approval or adverse event reporting requirements or conditions imposed by the Federal Food and Drug Administration; and other purposes approved by the Secretary. (6) Provider of services.--The term ``provider of services'' shall have the meaning ascribed to it in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Humans Services. (8) Supplier.--The term ``supplier'' shall have the meaning ascribed to it in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). SEC. 6. REGULATIONS. The Secretary shall promulgate not later than 1 year after the enactment of this Act, final regulations to implement the provisions of the preceding sections of this Act. SEC. 7. COVERAGE OF PROMISING NEW TECHNOLOGIES UNDER THE MEDICARE PROGRAM. (a) Non-Exclusion of Items and Services Furnished Under Access With Data Collection.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) in subparagraph (O), by striking at the end ``and''; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q)(i) in the case of items and services for which evidence is promising but not definitive to determine that the items and services are reasonable and necessary for the diagnosis or treatment of illness of injury or to improve the functioning of a malformed body member, which are not reasonable and necessary for evidence collection to determine that the reasonable and necessary standard in subparagraph (A) is met; and ``(ii) for purposes of this subparagraph, evidence collection may include-- ``(I) evidence of appropriateness, impact on quality of life, effectiveness, safety or other outcomes as determined by the Secretary; and ``(II) evidence derived from real world data repositories, patient registries, cohort studies, randomized controlled trials, or other studies as determined by the Secretary; ``(iii) the evidence collection described in clause (ii) shall be evidence collection approved by the Secretary acting through the Administrator of the Centers for Medicare & Medicaid Services in collaboration with the Director of the Agency for Healthcare Research and Quality as meeting the priorities of this title as set forth under Section 1142; ``(iv) such evidence collection shall be time- limited to a period of no more than 5 years, unless the Secretary deems that extension is needed to address remaining gaps in evidence; ``(v) such evidence collection shall be accessible, include outcomes relevant to patients, and have transparent governance; and ``(vi) such evidence collection shall be referred to as `Access with Data Collection'.''. (b) Effective Date.--The amendments made by this section shall apply to items and services furnished after December 31, 2021. <all>

Meaningful Access to Federal Health Plan Claims Data Act of 2021

To require the Secretary of Health and Human Services to establish a new program which ensures meaningful access to claims data by clinician-led clinical data registries, and for other purposes.

Meaningful Access to Federal Health Plan Claims Data Act of 2021

Rep. Bucshon, Larry

R

IN

This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a program that allows clinician-led clinical data registries to access Medicare claims data for purposes of research, quality of care measurement, and reporting. (Clinician-led clinical data registries are data repositories operated by clinician organizations and that collect information about particular diseases and related medical procedures and therapies.) The new program must allow for various types of data queries, including provider, state, and nationwide claims data. Such data may be used for public reports about provider performance, specified nonpublic analyses (e.g., medical research), and fee-based data services. Registries must apply to the CMS for access. Additionally, registries and their authorized users must enter into data use agreements and are subject to monetary penalties for breaching such agreements. The bill also allows for Medicare coverage of new and emerging items and services for purposes of evidence collection in relation to such items and services.

2. 3. ENSURING MEANINGFUL ACCESS TO CLAIMS DATA BY CLINICIAN-LED CLINICAL DATA REGISTRIES. (B) Process.--The Secretary shall establish a streamlined initial application and recertification application process under which the Secretary shall approve or deny the clinician-led clinical data registry's application described in subparagraph (2)(A) within 60 calendar days after receiving the application unless the Secretary demonstrates a compelling reason for needing additional time to complete the process. (2) Prohibition on using analyses or data for marketing purposes.--An authorized user shall not use analyses or data provided or sold under paragraphs (2) through (4) of subsection (b) for marketing purposes. 4. REPORT TO CONGRESS. 5. 1395kk-2(b)(1)(B)). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Humans Services. (8) Supplier.--The term ``supplier'' shall have the meaning ascribed to it in section 1861(d) of the Social Security Act (42 U.S.C. REGULATIONS. SEC. COVERAGE OF PROMISING NEW TECHNOLOGIES UNDER THE MEDICARE PROGRAM. 1395y(a)(1)) is amended-- (1) in subparagraph (O), by striking at the end ``and''; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q)(i) in the case of items and services for which evidence is promising but not definitive to determine that the items and services are reasonable and necessary for the diagnosis or treatment of illness of injury or to improve the functioning of a malformed body member, which are not reasonable and necessary for evidence collection to determine that the reasonable and necessary standard in subparagraph (A) is met; and ``(ii) for purposes of this subparagraph, evidence collection may include-- ``(I) evidence of appropriateness, impact on quality of life, effectiveness, safety or other outcomes as determined by the Secretary; and ``(II) evidence derived from real world data repositories, patient registries, cohort studies, randomized controlled trials, or other studies as determined by the Secretary; ``(iii) the evidence collection described in clause (ii) shall be evidence collection approved by the Secretary acting through the Administrator of the Centers for Medicare & Medicaid Services in collaboration with the Director of the Agency for Healthcare Research and Quality as meeting the priorities of this title as set forth under Section 1142; ``(iv) such evidence collection shall be time- limited to a period of no more than 5 years, unless the Secretary deems that extension is needed to address remaining gaps in evidence; ``(v) such evidence collection shall be accessible, include outcomes relevant to patients, and have transparent governance; and ``(vi) such evidence collection shall be referred to as `Access with Data Collection'.''.

H.R.102

Government Operations and Politics

Restoring Faith in Elections Act This bill establishes certain standards for voting, including voting by mail, in federal elections. It also establishes certain requirements for voter registration and maintenance of official lists of eligible voters. First, the bill establishes certain requirements for voting by mail in federal elections, including by requiring mail-in ballots to be received by the time the polls close on election day. Additionally, the bill makes it unlawful to possess or return a mail-in ballot completed by another person (commonly referred to as ballot harvesting), with exceptions. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both. Further, the bill establishes certain requirements for reporting results of federal elections, including by requiring states to count all eligible ballots within 24 hours after the election. Next, the bill provides for the automatic registration of eligible voters. The Election Assistance Commission must make grants to states to implement these automatic voter registration programs. The bill requires voters to present photo identification to vote. It also requires states and jurisdictions to use standards that apply equally to all methods of voting used in federal elections, including standards related to signature verification. Finally, the bill establishes the National Deconfliction Voting Database and Clearinghouse to serve as a database and clearinghouse for voter registration records and lists of eligible voters. Additionally, each state must certify that it has removed ineligible voters from the official lists of eligible voters prior to the federal election.

To ensure election integrity and security and enhance Americans' access to the ballot box by establishing consistent standards and procedures for voter registration and voting in elections for Federal office, and for other 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 ``Restoring Faith in Elections Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FEDERAL STANDARDS FOR MAIL-IN BALLOTS Sec. 101. Short title. Sec. 102. Federal standards for mail-in ballots. Sec. 103. Federal standards for reporting election results. TITLE II--AUTOMATIC VOTER REGISTRATION Sec. 201. Short title; findings and purpose. Sec. 202. Automatic registration of eligible individuals. Sec. 203. Contributing agency assistance in registration. Sec. 204. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 205. Voter protection and security in automatic registration. Sec. 206. Registration portability and correction. Sec. 207. Payments and grants. Sec. 208. Treatment of exempt States. Sec. 209. Miscellaneous provisions. Sec. 210. Definitions. Sec. 211. Effective date. TITLE III--REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION Sec. 301. Requiring voters to provide photo identification. TITLE IV--PROMOTING STANDARDIZED ADMINISTRATION OF ELECTIONS Sec. 401. Requiring parity in treatment of methods of voting. Sec. 402. Requiring standard election administration procedures in all jurisdictions in State. TITLE V--PROMOTING ACCURACY OF VOTER REGISTRATION LISTS Sec. 501. Establishment of National Deconfliction Voting Database and Clearinghouse. Sec. 502. Pre-election maintenance and certification of official voter registration list. Sec. 503. Requiring applicants for motor vehicle driver's licenses in new State to indicate whether State serves as residence for voter registration purposes. TITLE I--FEDERAL STANDARDS FOR MAIL-IN BALLOTS SEC. 101. SHORT TITLE. This title may be cited as the ``Verifiable, Orderly, and Timely Election Results Act''. SEC. 102. FEDERAL STANDARDS FOR MAIL-IN BALLOTS. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. FEDERAL STANDARDS FOR MAIL-IN BALLOTS. ``(a) In General.--When otherwise permitted by State law, any vote- by-mail system used in an election for Federal office must be designed and implemented to ensure a secure, uniform, and timely system to cast a mail-in ballot in accordance with this section. ``(b) Requests.-- ``(1) In general.--Requests for a mail-in ballot under such system may be submitted electronically or by postal mail using a standardized form approved for such requests by the chief State election official. ``(2) Request.--The form for such requests must enable an election official who receives the request to confirm-- ``(A) the identity of the individual submitting the request; ``(B) that the individual is validly registered to vote in the jurisdiction where the request is submitted; and ``(C) that the individual continues to reside at the physical address where the individual is registered to vote (if different than the mailing address where the ballot is requested to be sent). ``(3) Deadline for submission.--Such request must be submitted by an individual and received by the office of the State or local election supervisor not later than 21 days before the date of the election for Federal office. ``(4) Mailing of ballots.--Upon receipt of such a request, the State or local election supervisor shall fulfill the request by mailing a mail-in ballot to the individual within 3 days. ``(c) Requirements for State or Local Election Officials.--The office of the State or local election supervisor shall-- ``(1) record the total number of mail-in ballots sent to voters pursuant to this section; and ``(2) include a notation on the voter rolls maintained by the office and provided to the individual polling locations, which identifies that a voter has received a mail-in ballot and the date that mail-in ballot was sent to the voter. ``(d) Ballot Requirements.-- ``(1) In general.--To be considered validly cast and eligible to be counted in an election for Federal office, a mail-in ballot must-- ``(A) be marked using blue or black ink, and properly designate the individual's vote for each candidate; ``(B) be signed by the individual using the same signature the individual used to register to vote; ``(C) be dated; ``(D) be received by the appropriate election official no later than the time polls close on the date of the election; ``(E) include an attestation, signed by the individual, that the individual submitting the mail-in ballot is-- ``(i) the individual to whom the ballot was mailed; ``(ii) registered to vote in the jurisdiction where the ballot is being submitted; and ``(iii) submitting the mail-in ballot in lieu of casting a ballot in-person, and will not attempt to cast a ballot in-person after submitting the mail-in ballot. ``(2) Return of ballots in-person.--An individual may choose to return a mail-in ballot in-person to the polling place where the individual is registered to vote in lieu of returning the ballot by mail. ``(e) Option To Vote In-Person.-- ``(1) In general.--An individual who receives a mail-in ballot with respect to an election for Federal office may instead vote in-person in such election if the individual turns in the blank or incomplete mail-in ballot received by the individual to the polling location where the individual plans to vote in-person. ``(2) Provisional ballot.--If the individual attempts to vote in-person but does not bring their blank or incomplete mail-in ballot to the polling location, the individual shall be directed to complete a provisional ballot. ``(f) Persons Permitted To Possess Mail-In Ballots.-- ``(1) In general.--It shall be unlawful for any person to possess or return a mail-in ballot completed by another person, except as provided in this subsection. ``(2) Immediate family member.-- ``(A) In general.--A person may possess or return a mail-in ballot completed by an immediate family member, provided that the person does not possess more than two such completed mail-in ballots other than his or her own. ``(B) Definition of immediate family member.--In this paragraph, the term `immediate family member' means the spouse, child, parent, grandparent, or sibling of the person. ``(3) Caregiver.-- ``(A) In general.--A caregiver may possess or return a mail-in ballot completed by a person under the supervision or care of the caregiver, provided that the caregiver does not possess more than two such completed mail-in ballots other than his or her own. ``(B) Definition of caregiver.--In this paragraph, the term `caregiver' means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law and means an individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an older individual. ``(4) Incidental possession excepted.--The prohibition under paragraph (1) shall not apply to the incidental possession of mail-in ballots by a postal worker or election official acting within the scope of his or her official capacity. ``(5) Penalty.--Any person who violates this subsection shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. ``(g) Effective Date.--This section shall apply with respect to elections for Federal office held after the date of the enactment of this section.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Federal standards for mail-in ballots.''. SEC. 103. FEDERAL STANDARDS FOR REPORTING ELECTION RESULTS. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), as amended by section 102(a), is amended-- (1) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (2) by inserting after section 304 the following new section: ``SEC. 305. FEDERAL STANDARDS FOR REPORTING ELECTION RESULTS. ``(a) In General.--The chief State election official shall ensure that ballots validly cast in an election for Federal office are able to be counted and reported in a timely manner as follows: ``(1) Mail-in ballots received prior to the date of the election shall be counted beginning at least one week prior to the date of the election. ``(2) One hour after polls close on the date of the election, each voting precinct shall report to the chief State election official the following: ``(A) The total number of mail-in ballots received by the voting precinct. ``(B) The total number of ballots cast in-person in the voting precinct. ``(C) Of the ballots reported under subparagraphs (A) and (B), the number of such ballots that have been counted and the number of such ballots that remain to be counted. ``(3) All ballots validly cast in an election for Federal office shall be counted and reported within 24 hours after the conclusion of voting on the date of the election. ``(b) Effective Date.--This section shall apply with respect to elections for Federal office held after the date of the enactment of this section.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111), as amended by section 102(b), is amended by striking ``and 304'' and inserting ``304, and 305''. (c) Clerical Amendment.--The table of contents of such Act, as amended by section 102(c), is amended-- (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 304 the following new item: ``Sec. 305. Federal standards for reporting election results.''. TITLE II--AUTOMATIC VOTER REGISTRATION SEC. 201. SHORT TITLE; FINDINGS AND PURPOSE. (a) Short Title.--This title may be cited as the ``Automatic Voter Registration Act of 2021''. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible, and confusing, with damaging effects on voter participation in elections and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st-century technologies and procedures to maintain their security. (2) Purpose.--It is the purpose of this title-- (A) to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote; (B) to enable the State and Federal governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. SEC. 202. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS. (a) Requiring States To Establish and Operate Automatic Registration System.-- (1) In general.--The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this title. (2) Definition.--The term ``automatic registration'' means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections. (b) Registration of Voters Based on New Agency Records.--The chief State election official shall-- (1) not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 203, ensure that the individual is registered to vote in elections for Federal office in the State if the individual is eligible to be registered to vote in such elections; and (2) send written notice to the individual, in addition to other means of notice established by this part, of the individual's voter registration status. (c) One-Time Registration of Voters Based on Existing Contributing Agency Records.--The chief State election official shall-- (1) identify all individuals whose information is transmitted by a contributing agency pursuant to section 204 and who are eligible to be, but are not currently, registered to vote in that State; (2) promptly send each such individual written notice, in addition to other means of notice established by this title, which shall not identify the contributing agency that transmitted the information but shall include-- (A) an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to vote; (B) a statement offering the opportunity to decline voter registration through means consistent with the requirements of this title; (C) in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent with the requirements of this title; (D) the substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those qualifications; (E) instructions for correcting any erroneous information; and (F) instructions for providing any additional information which is listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993; (3) ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the internet, or by an officially logged telephone communication; and (4) send written notice to each such individual, in addition to other means of notice established by this title, of the individual's voter registration status. (d) Treatment of Individuals Under 18 Years of Age.--A State may not refuse to treat an individual as an eligible individual for purposes of this title on the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. (e) Contributing Agency Defined.--In this part, the term ``contributing agency'' means, with respect to a State, an agency listed in section 203(e). SEC. 203. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION. (a) In General.--In accordance with this title, each contributing agency in a State shall assist the State's chief election official in registering to vote all eligible individuals served by that agency. (b) Requirements for Contributing Agencies.-- (1) Instructions on automatic registration.--With each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, each contributing agency that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall inform each such individual who is a citizen of the United States of the following: (A) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual's registration will be updated. (B) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. (C) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (D) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (2) Opportunity to decline registration required.--Each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address, or, in the case of an institution of higher education, each registration of a student for enrollment in a course of study, cannot be completed until the individual is given the opportunity to decline to be registered to vote. (3) Information transmittal.--Upon the expiration of the 30-day period which begins on the date the contributing agency informs the individual of the information described in paragraph (1), each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083), the following information, unless during such 30-day period the individual declined to be registered to vote: (A) The individual's given name(s) and surname(s). (B) The individual's date of birth. (C) The individual's residential address. (D) Information showing that the individual is a citizen of the United States. (E) The date on which information pertaining to that individual was collected or last updated. (F) If available, the individual's signature in electronic form. (G) Information regarding the individual's affiliation or enrollment with a political party, if the individual provides such information. (H) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver's license number or the last 4 digits of the individual's social security number, if the individual provided such information. (c) Alternate Procedure for Certain Contributing Agencies.--With each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall-- (1) complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6)); (2) ensure that each applicant's transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (3) for each individual who wishes to register to vote, transmit that individual's information in accordance with subsection (b)(3). (d) Required Availability of Automatic Registration Opportunity With Each Application for Service or Assistance.--Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (e) Contributing Agencies.-- (1) State agencies.--In each State, each of the following agencies shall be treated as a contributing agency: (A) Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993. (B) Each agency in a State that administers a program pursuant to title III of the Social Security Act (42 U.S.C. 501 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Affordable Care Act (Public Law 111- 148). (C) Each State agency primarily responsible for regulating the private possession of firearms. (D) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)). (E) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (F) Any other agency of the State which is designated by the State as a contributing agency. (2) Federal agencies.--In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)): (A) The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services. (B) The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process. (C) In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof. (D) Any other agency of the Federal Government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section. (3) Institutions of higher education.--Each institution of higher education that receives Federal funds shall be treated as a contributing agency in the State in which it is located, but only with respect to students of the institution (including students who attend classes online) who reside in the State. An institution of higher education described in the previous sentence shall be exempt from the voter registration requirements of section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)) if the institution is in compliance with the applicable requirements of this part. (4) Publication.--Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State. (5) Public education.--The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section. SEC. 204. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF ELIGIBLE VOTERS IN EXISTING RECORDS. (a) Initial Transmittal of Information.--For each individual already listed in a contributing agency's records as of the date of enactment of this Act, and for whom the agency has the information listed in section 203(b)(3), the agency shall promptly transmit that information to the appropriate State election official in accordance with section 203(b)(3) not later than the effective date described in section 211(a). (b) Transition.--For each individual listed in a contributing agency's records as of the effective date described in section 211(a) (but who was not listed in a contributing agency's records as of the date of enactment of this Act), and for whom the agency has the information listed in section 203(b)(3), the Agency shall promptly transmit that information to the appropriate State election official in accordance with section 203(b)(3) not later than 6 months after the effective date described in section 211(a). SEC. 205. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION. (a) Protections for Errors in Registration.--An individual shall not be prosecuted under any Federal law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual's automatic registration to vote under this title. (2) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this title. (3) The individual was automatically registered to vote under this title at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this title. (b) Limits on Use of Automatic Registration.--The automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) under this title may not be used as evidence against that individual in any State or Federal law enforcement proceeding, and an individual's lack of knowledge or willfulness of such registration may be demonstrated by the individual's testimony alone. (c) Protection of Election Integrity.--Nothing in subsection (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who-- (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Contributing Agencies' Protection of Information.--Nothing in this title authorizes a contributing agency to collect, retain, transmit, or publicly disclose any of the following: (1) An individual's decision to decline to register to vote or not to register to vote. (2) An individual's decision not to affirm his or her citizenship. (3) Any information that a contributing agency transmits pursuant to section 203(b)(3), except in pursuing the agency's ordinary course of business. (e) Election Officials' Protection of Information.-- (1) Public disclosure prohibited.-- (A) In general.--Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)). (iv) Any portion of the individual's social security number. (v) Any portion of the individual's motor vehicle driver's license number. (vi) The individual's signature. (vii) The individual's telephone number. (viii) The individual's email address. (B) Special rule for individuals registered to vote.--With respect to any individual for whom any State election official receives information from a contributing agency and who, on the basis of such information, is registered to vote in the State under this part, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)). (iv) Any portion of the individual's social security number. (v) Any portion of the individual's motor vehicle driver's license number. (vi) The individual's signature. (2) Voter record changes.--Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records of changes to voter records, including removals and updates. (3) Database management standards.--The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment-- (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; and (C) publish the standards developed pursuant to this paragraph on the Director's website and make those standards available in written form upon request. (4) Security policy.--The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information. The standards shall require the chief State election official of each State to adopt a policy that shall specify-- (A) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (B) security safeguards to protect personal information transmitted through the information transmittal processes of section 203 or section 204, the online system used pursuant to section 207, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (5) State compliance with national standards.-- (A) Certification.--The chief executive officer of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (3) and (4). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: ``_____ hereby certifies that it is in compliance with the standards referred to in paragraphs (3) and (4) of section 205 of the Automatic Voter Registration Act of 2021.'' (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures.--The chief State election official of a State shall publish on the official's website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification.--If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this title for the upcoming fiscal year. (D) Compliance of states that require changes to state law.--In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (f) Restrictions on Use of Information.--No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual's declination to register to vote or complete an affirmation of citizenship under section 203(b). (3) An individual's voter registration status. (g) Prohibition on the Use of Voter Registration Information for Commercial Purposes.--Information collected under this title shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971. SEC. 206. REGISTRATION PORTABILITY AND CORRECTION. (a) Correcting Registration Information at Polling Place.-- Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if an individual is registered to vote in elections for Federal office held in a State, the appropriate election official at the polling place for any such election (including a location used as a polling place on a date other than the date of the election) shall permit the individual to-- (1) update the individual's address for purposes of the records of the election official; (2) correct any incorrect information relating to the individual, including the individual's name and political party affiliation, in the records of the election official; and (3) cast a ballot in the election on the basis of the updated address or corrected information, and to have the ballot treated as a regular ballot and not as a provisional ballot under section 302(a) of such Act. (b) Updates to Computerized Statewide Voter Registration Lists.--If an election official at the polling place receives an updated address or corrected information from an individual under subsection (a), the official shall ensure that the address or information is promptly entered into the computerized statewide voter registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)). SEC. 207. PAYMENTS AND GRANTS. (a) In General.--The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this title (or, in the case of an exempt State, in implementing its existing automatic voter registration program). (b) Eligibility; Application.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of Grant; Priorities.--The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this title (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including-- (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to carry out this section-- (A) $500,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds.--Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. SEC. 208. TREATMENT OF EXEMPT STATES. (a) Waiver of Requirements.--Except as provided in subsection (b), this title does not apply with respect to an exempt State. (b) Exceptions.--The following provisions of this title apply with respect to an exempt State: (1) Section 206 (relating to registration portability and correction). (2) Section 207 (relating to payments and grants). (3) Section 209(e) (relating to enforcement). (4) Section 209(f) (relating to relation to other laws). SEC. 209. MISCELLANEOUS PROVISIONS. (a) Accessibility of Registration Services.--Each contributing agency shall ensure that the services it provides under this title are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (b) Transmission Through Secure Third Party Permitted.--Nothing in this title shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this title, so long as the data transmittal complies with the applicable requirements of this title, including the privacy and security provisions of section 205. (c) Nonpartisan, Nondiscriminatory Provision of Services.--The services made available by contributing agencies under this title and by the State under sections 205 and 206 shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)). (d) Notices.--Each State may send notices under this title via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election- related materials. All notices sent pursuant to this title that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (e) Enforcement.--Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this title in the same manner as such section applies to such Act. (f) Relation to Other Laws.--Except as provided, nothing in this title may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (3) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). SEC. 210. DEFINITIONS. In this title, the following definitions apply: (1) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (2) The term ``Commission'' means the Election Assistance Commission. (3) The term ``exempt State'' means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates an automatic voter registration program under which an individual is automatically registered to vote in elections for Federal office in the State if the individual provides the motor vehicle authority of the State with such identifying information as the State may require. (4) The term ``State'' means each of the several States and the District of Columbia. SEC. 211. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this title and the amendments made by this title shall apply with respect to a State beginning January 1, 2023. (b) Waiver.--Subject to the approval of the Commission, if a State certifies to the Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2023'' were a reference to ``January 1, 2025''. TITLE III--REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION SEC. 301. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) Requirement To Provide Photo Identification as Condition of Casting Ballot.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS. ``(a) Provision of Identification Required as Condition of Casting Ballot.-- ``(1) Individuals voting in person.-- ``(A) Requirement to provide identification.-- Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a valid photo identification. ``(B) Availability of provisional ballot.-- ``(i) In general.--If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official may not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless, not later than 10 days after casting the provisional ballot, the individual presents to the official-- ``(I) the identification required under subparagraph (A); or ``(II) an affidavit attesting that the individual does not possess the identification required under subparagraph (A) because the individual has a religious objection to being photographed. ``(ii) No effect on other provisional balloting rules.--Nothing in clause (i) may be construed to apply to the casting of a provisional ballot pursuant to section 302(a) or any State law for reasons other than the failure to present the identification required under subparagraph (A). ``(2) Individuals voting other than in person.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a valid photo identification. ``(B) Exception for overseas military voters.-- Subparagraph (A) does not apply with respect to a ballot provided by an absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. In this subparagraph, the term `absent uniformed services voter' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)), other than an individual described in section 107(1)(C) of such Act. ``(b) Provision of Identifications Without Charge to Individuals Unable To Pay Costs of Obtaining Identification or Otherwise Unable To Obtain Identification.--If an individual presents a State or local election official with an affidavit attesting that the individual is unable to pay the costs associated with obtaining a valid photo identification under this section, or attesting that the individual is otherwise unable to obtain a valid photo identification under this section after making reasonable efforts to obtain such an identification, the official shall provide the individual with a valid photo identification under this subsection without charge to the individual. ``(c) Valid Photo Identifications Described.--For purposes of this section, a `valid photo identification' means, with respect to an individual who seeks to vote in a State, any of the following: ``(1) A valid State-issued motor vehicle driver's license that includes a photo of the individual and an expiration date. ``(2) A valid State-issued identification card that includes a photo of the individual and an expiration date. ``(3) A valid United States passport for the individual. ``(4) A valid military identification for the individual. ``(5) Any other form of government-issued identification that the State may specify as a valid photo identification for purposes of this subsection. ``(d) Notification of Identification Requirement to Applicants for Voter Registration.-- ``(1) In general.--Each State shall ensure that, at the time an individual applies to register to vote in elections for Federal office in the State, the appropriate State or local election official notifies the individual of the photo identification requirements of this section. ``(2) Special rule for individuals applying to register to vote online.--Each State shall ensure that, in the case of an individual who applies to register to vote in elections for Federal office in the State online, the online voter registration system notifies the individual of the photo identification requirements of this section before the individual completes the online registration process. ``(e) Treatment of States With Photo Identification Requirements in Effect as of Date of Enactment.--If, as of the date of the enactment of this section, a State has in effect a law requiring an individual to provide a photo identification as a condition of casting a ballot in elections for Federal office held in the State and the law remains in effect on and after the effective date of this section, the State shall be considered to meet the requirements of this section if-- ``(1) the State submits a request to the Attorney General and provides such information as the Attorney General may consider necessary to determine that the State has in effect such a law and that the law remains in effect; and ``(2) the Attorney General approves the request. ``(f) Effective Date.--This section shall apply with respect to elections for Federal office held in 2022 or any succeeding year.''. (2) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Photo identification requirements.''. (b) Conforming Amendment Relating to Voluntary Guidance by Election Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 303A, October 1, 2021.''. (c) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111), as amended by section 102(b), is amended by striking ``303,'' and inserting ``303, 303A,''. (d) Conforming Amendments Relating to Repeal of Existing Photo Identification Requirements for Certain Voters.-- (1) In general.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (A) in the heading, by striking ``and requirements for voters who register by mail''; (B) in the heading of subsection (b), by striking ``for Voters Who Register by Mail'' and inserting ``for Mail-In Registration Forms''; (C) in subsection (b), by striking paragraphs (1) through (3) and redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (2) Clerical amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements.''. (e) Effective Date.--This section and the amendments made by this section shall apply with respect to elections for Federal office held in 2022 or any succeeding year. TITLE IV--PROMOTING STANDARDIZED ADMINISTRATION OF ELECTIONS SEC. 401. REQUIRING PARITY IN TREATMENT OF METHODS OF VOTING. (a) Requirement.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Requiring Parity in Treatment of Methods of Voting.-- ``(1) Requirement.--Each State and jurisdiction shall administer an election for Federal office under standards which apply equally to all methods of voting used in the election, including standards relating to signature verification, and shall not prepay or otherwise subsidize the costs associated with one method of voting in an election unless the State or jurisdiction prepays or otherwise subsidizes the costs associated with other methods of voting in the election in an equivalent amount. ``(2) Exception for certain costs.--Paragraph (1) does not apply with respect to costs prepaid or otherwise subsidized by a State or jurisdiction in providing accommodations for disabled voters or in meeting the requirements of the Uniformed and Overseas Citizens Absentee Voting Act.''. (b) Effective Date.--Section 302(e) of such Act, as redesignated by subsection (a), is amended by striking the period at the end and inserting the following: ``, except that the requirements of subsection (d) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. SEC. 402. REQUIRING STANDARD ELECTION ADMINISTRATION PROCEDURES IN ALL JURISDICTIONS IN STATE. (a) Requirement.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 401(a), is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) Requiring Standard Election Administration Procedures in All Jurisdictions.--Each State shall ensure that the procedures used for the administration of elections for Federal office in the State, including the procedures used to determine the conditions under which individuals may cast provisional ballots and the criteria for the acceptance and rejection of provisional ballots, are standardized and uniform for all jurisdictions in the State which administer such elections.''. (b) Effective Date.--Section 302(f) of such Act, as redesignated by subsection (a) and as amended by section 401(b), is amended by striking ``subsection (d)'' and inserting ``subsections (d) and (e)''. TITLE V--PROMOTING ACCURACY OF VOTER REGISTRATION LISTS SEC. 501. ESTABLISHMENT OF NATIONAL DECONFLICTION VOTING DATABASE AND CLEARINGHOUSE. (a) Establishment.--There is established within the Cybersecurity and Infrastructure Security Agency the National Deconfliction Voting Database and Clearinghouse. (b) Purpose.--The National Deconfliction Voting Database and Clearinghouse shall assist States in ensuring the integrity of elections for Federal office by serving as a database and clearinghouse of voter registration records and lists of eligible voters in elections for Federal office, so that States may ensure that individual voters are registered only in the one State in which they are domiciled, deceased voters are purged from voting rolls, and only citizens of the United States vote in such elections. (c) Definition.--In this section, the term ``State'' has the meaning given such term in the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). SEC. 502. PRE-ELECTION MAINTENANCE AND CERTIFICATION OF OFFICIAL VOTER REGISTRATION LIST. (a) Requiring State To Certify Completion of Program To Remove Ineligible Voters Prior to Date of Election and Transfer Certified List of Eligible Voters to Clearinghouse.--Section 8(c)(2)(A) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(c)(2)(A)) is amended by striking ``A State shall complete'' and all that follows through ``eligible voters'' and inserting the following: ``Not later than 90 days prior to the date of an election for Federal office, each State and the chief State election official of each State shall certify to the Election Assistance Commission and the Cybersecurity and Infrastructure Security Agency that the State has completed a program to remove the names of ineligible voters from the official list of eligible voters with respect to the election, and shall transfer to the Cybersecurity and Infrastructure Security Agency (for inclusion in the National Deconfliction Voting Database and Clearinghouse) the certified list of eligible voters in the election.''. (b) Provision of Information to State and CISA by United States Postal Service and Social Security Administration.--Section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) Not later than 180 days before the date of each regularly scheduled general election for Federal office-- ``(i) the Postmaster General shall transmit to the chief State election official of a State and the Cybersecurity and Infrastructure Security Agency change-of-address information on individuals who, since the previous regularly scheduled general election for Federal office, are no longer residents of the State; and ``(ii) the Director of the Social Security Administration shall transmit to the chief State election official and the Cybersecurity and Infrastructure Security Agency information on individuals from the State who have died since the previous regularly scheduled general election for Federal office.''. (c) Effective Date.--The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. SEC. 503. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S LICENSES IN NEW STATE TO INDICATE WHETHER STATE SERVES AS RESIDENCE FOR VOTER REGISTRATION PURPOSES. (a) Requirements for Applicants for Licenses.--Section 5(d) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is amended-- (1) by striking ``Any change'' and inserting ``(1) Any change''; and (2) by adding at the end the following new paragraph: ``(2)(A) A State motor vehicle authority shall require each individual applying for a motor vehicle driver's license in the State-- ``(i) to attest, under penalty of perjury, whether the individual resides in another State or resided in another State prior to applying for the license, and, if so, to identify the State involved; and ``(ii) to attest, under penalty of perjury, whether the individual intends for the State to serve as the individual's residence for purposes of registering to vote in elections for Federal office. ``(B) If pursuant to subparagraph (A)(ii) an individual indicates to the State motor vehicle authority that the individual intends for the State to serve as the individual's residence for purposes of registering to vote in elections for Federal office, the authority shall notify the motor vehicle authority of the State identified by the individual pursuant to subparagraph (A)(i), who shall notify the chief State election official of such State that the individual no longer intends for that State to serve as the individual's residence for purposes of registering to vote in elections for Federal office.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect with respect to elections occurring in 2021 or any succeeding year. <all>

Restoring Faith in Elections Act

To ensure election integrity and security and enhance Americans' access to the ballot box by establishing consistent standards and procedures for voter registration and voting in elections for Federal office, and for other purposes.

Restoring Faith in Elections Act Automatic Voter Registration Act of 2021 Verifiable, Orderly, and Timely Election Results Act

Rep. Fitzpatrick, Brian K.

R

PA

This bill establishes certain standards for voting, including voting by mail, in federal elections. It also establishes certain requirements for voter registration and maintenance of official lists of eligible voters. First, the bill establishes certain requirements for voting by mail in federal elections, including by requiring mail-in ballots to be received by the time the polls close on election day. Additionally, the bill makes it unlawful to possess or return a mail-in ballot completed by another person (commonly referred to as ballot harvesting), with exceptions. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both. Further, the bill establishes certain requirements for reporting results of federal elections, including by requiring states to count all eligible ballots within 24 hours after the election. Next, the bill provides for the automatic registration of eligible voters. The Election Assistance Commission must make grants to states to implement these automatic voter registration programs. The bill requires voters to present photo identification to vote. It also requires states and jurisdictions to use standards that apply equally to all methods of voting used in federal elections, including standards related to signature verification. Finally, the bill establishes the National Deconfliction Voting Database and Clearinghouse to serve as a database and clearinghouse for voter registration records and lists of eligible voters. Additionally, each state must certify that it has removed ineligible voters from the official lists of eligible voters prior to the federal election.

1. Short title. Federal standards for mail-in ballots. Automatic registration of eligible individuals. Payments and grants. Miscellaneous provisions. Definitions. Requiring parity in treatment of methods of voting. Requiring standard election administration procedures in all jurisdictions in State. Pre-election maintenance and certification of official voter registration list. Sec. 102. 20901 et seq.) ``(b) Requests.-- ``(1) In general.--Requests for a mail-in ballot under such system may be submitted electronically or by postal mail using a standardized form approved for such requests by the chief State election official. ``(f) Persons Permitted To Possess Mail-In Ballots.-- ``(1) In general.--It shall be unlawful for any person to possess or return a mail-in ballot completed by another person, except as provided in this subsection. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. ``(b) Effective Date.--This section shall apply with respect to elections for Federal office held after the date of the enactment of this section.''. 305. 203. (D) Information showing that the individual is a citizen of the United States. 9871(e)(2)). (F) Any other agency of the State which is designated by the State as a contributing agency. 1094(a)(23)) if the institution is in compliance with the applicable requirements of this part. 205. (2) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this title. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this title. (ii) Any information not necessary to voter registration. (iv) Any portion of the individual's social security number. (v) Any portion of the individual's motor vehicle driver's license number. (2) Voter record changes.--Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records of changes to voter records, including removals and updates. (4) Section 209(f) (relating to relation to other laws). (a) Accessibility of Registration Services.--Each contributing agency shall ensure that the services it provides under this title are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (3) The National Voter Registration Act of 1993 (52 U.S.C. (2) The term ``Commission'' means the Election Assistance Commission. 211. PHOTO IDENTIFICATION REQUIREMENTS. ``(ii) No effect on other provisional balloting rules.--Nothing in clause (i) may be construed to apply to the casting of a provisional ballot pursuant to section 302(a) or any State law for reasons other than the failure to present the identification required under subparagraph (A). ``(5) Any other form of government-issued identification that the State may specify as a valid photo identification for purposes of this subsection. (2) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 401.

H.R.2804

Education

Debt-Free College Act of 2021 This bill establishes measures to cover the unmet financial need of students who are enrolled at certain institutions of higher education (IHEs). Unmet financial need refers to the difference between a student's cost of attendance and the student's expected family contribution, plus any federal, state, and local sources of grant aid. In addition, the bill makes certain Dreamer students (i.e., students who have been granted Deferred Action for Childhood Arrivals status) eligible for federal financial aid. First, the bill requires the Department of Education (ED) to award grants for state-federal partnerships with a goal of providing debt-free college for all eligible students at in-state public IHEs. Eligible student refers to an individual who (1) is enrolled or is eligible to enroll in an in-state public IHE, (2) demonstrates eligibility for a Federal Pell Grant through institutional financial-aid eligibility forms, and (3) demonstrates satisfactory academic progress. Next, the bill requires ED to award grants to historically Black colleges and universities and minority-serving institutions to cover the unmet financial need of enrolled students. ED must establish an office to administer grants and provide oversight. In addition, the bill makes Dreamer students who entered the United States before the age of 16 and who meet certain educational criteria eligible for federal student aid.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer 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 ``Debt-Free College Act of 2021''. SEC. 2. DEBT-FREE COLLEGE PARTNERSHIP. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--DEBT-FREE COLLEGE PARTNERSHIP ``SEC. 499A-1. PURPOSE. ``The purpose of this part is to establish State-Federal partnerships that will-- ``(1) increase investment in public higher education; and ``(2) provide students the opportunity to attain higher education at in-State public institutions of higher education without debt (`debt-free college'). ``SEC. 499A-2. DEFINITIONS. ``In this part: ``(1) College completion program.--The term `college completion program' means a program or service at an institution of higher education that is dedicated to addressing barriers to degree attainment, particularly for low-income students, for the purpose of increasing the percentage of students completing programs of study in their entirety and attaining related degrees. ``(2) Cost of attendance.--The term `cost of attendance' means-- ``(A) tuition and fees normally assessed a student carrying the same academic workload as determined by the institution, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; ``(B) an allowance for books, supplies, transportation, and miscellaneous personal expenses, including a reasonable allowance for the documented rental or purchase of a personal computer, for a student attending the institution on at least a half- time basis, as determined by the institution; ``(C) an allowance (determined by the institution) for room and board costs incurred by the student which-- ``(i) shall be an allowance determined by the institution for a student without dependents residing at home with parents; ``(ii) for students without dependents residing in institutionally owned or operated housing, shall be a standard allowance determined by the institution based on the amount normally assessed most of its residents for room and board; ``(iii) for students who live in housing located on a military base or for which a basic allowance is provided under section 403(b) of title 37, United States Code, shall be an allowance based on the expenses reasonably incurred by such students for board but not for room; and ``(iv) for all other students shall be an allowance based on the expenses reasonably incurred by such students for room and board. ``(3) Debt-free college commitment.--The term `debt-free college commitment' means a commitment by a State participating in the State-Federal partnership under this part to cover the unmet financial need for all eligible students. ``(4) Eligible student.--The term `eligible student' means an individual who-- ``(A) is enrolled, or is eligible to enroll, in a public institution of higher education in the State in which the individual resides; ``(B) demonstrates eligibility for a Federal Pell Grant through institutional financial aid eligibility forms; and ``(C) demonstrates satisfactory academic progress, as defined under the Federal Pell Grant program under subpart 1 of part A, once enrolled in a public institution of higher education in the State in which the individual resides. ``(5) Full-time equivalent students.--The term `full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time, which shall be defined and calculated in the manner determined most appropriate by the Secretary. ``(6) Net state operating support.--The term `net State operating support' means an amount that is equal to the amount of State funds and local government appropriations used to support public higher education annual operating expenses in the State, calculated in accordance with subparagraphs (A) and (B). ``(A) Calculation.--A State's net State operating support shall, for a fiscal year, be an amount that is equal to the difference resulting from the gross amount of State funds appropriated and disbursed by the State and expended by the recipient institutions in the fiscal year for public higher education operating expenses in the State, minus-- ``(i) such appropriations that are returned to the State; ``(ii) State-appropriated funds derived from Federal sources, including funds provided under this part; ``(iii) local government funds not appropriated for operating support for public higher education; ``(iv) amounts that are portions of multi- year appropriations to be distributed over multiple years that are not to be spent for the year for which the calculation is being made; ``(v) tuition charges remitted to the State to offset State appropriations; ``(vi) State funding for students in non- credit continuing or adult education courses and non-credit extension courses; ``(vii) sums appropriated to private nonprofit institutions of higher education, or to proprietary institutions of higher education, for capital outlay or operating expenses; and ``(viii) any other funds excluded under subparagraph (B). ``(B) Exclusions.--Net State operating support does not include-- ``(i) funds for-- ``(I) student aid programs that provide grants to students attending in-State private nonprofit institutions of higher education, in-State proprietary institutions of higher education, independent institutions, and out-of-State institutions; ``(II) capital outlay; ``(III) deferred maintenance; or ``(IV) research and development; or ``(ii) any other funds that the Secretary may exclude. ``(7) Net state operating support per fte student.--The term `net State operating support per FTE student' means, for a fiscal year-- ``(A) the net State operating support for the previous fiscal year; divided by ``(B) the full-time equivalent students for the previous fiscal year. ``(8) Partnership office.--The term `Partnership Office' means the Office created under section 499A-4(a). ``(9) Public institution of higher education.--The term `public institution of higher education' means an educational institution in any State that-- ``(A) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who are eligible students; ``(B) is legally authorized within such State to provide a program of education beyond secondary education; ``(C) provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; ``(D) has the full faith and credit of the State; and ``(E) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. ``(10) Relevant committees of congress.--The term `relevant committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives. ``(11) Unmet need.--The term `unmet need' means the difference between a student's cost of attendance to attend an in-State public institution of higher education and the student's expected family contribution plus any Federal, State, or local sources of grant aid. ``SEC. 499A-3. ESTABLISHMENT OF A STATE-FEDERAL PARTNERSHIP GRANT PROGRAM. ``(a) Grants Authorized.--The Secretary shall award grants to States to establish State-Federal partnerships with a goal of providing debt-free college for all eligible students at in-State public institutions of higher education. ``(b) Application.--A State that desires to participate in the State-Federal partnership under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(c) Amount of Grants.-- ``(1) In general.--The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. ``(2) Ratable reduction.--If the amount appropriated to carry out this part for a fiscal year is insufficient to award each State the State's full grant amount pursuant to paragraph (1), the Secretary shall establish procedures for ratably reducing each State's award amount for such fiscal year. ``(d) Amounts Not Expended.--Any amount of a grant awarded under this part that is not expended on allowable expenditures by the end of the fiscal year for which the grant was awarded shall be applied to the following year's grant award amount, if the State remains eligible to receive a grant under this part for such following year. If such State is not eligible to receive a grant under this part for such following year, the State shall return the unexpended balance amount to the Federal Government. ``SEC. 499A-4. STATE-FEDERAL PARTNERSHIP RESPONSIBILITIES. ``(a) Federal.-- ``(1) In general.--The Secretary shall create an office in the Department of Education to administer the State-Federal partnerships established under this part. Such Partnership Office shall be responsible for-- ``(A) administering grant awards; ``(B) monitoring compliance with partnership requirements; ``(C) providing technical assistance to States in applying for participation in, and implementing, a partnership; and ``(D) providing information to students in participating States. ``(2) Evaluations.--The Partnership Office shall develop metrics of evaluation and perform an annual evaluation of each State participating in a State-Federal partnership under this part. The evaluation shall assess the State's success in meeting the partnership's goals, including-- ``(A) providing debt-free college for all eligible students; ``(B) increasing State investment in higher education; ``(C) maintaining access to in-State public institutions of higher education for low-income and underserved students; ``(D) maintaining and improving rates of college completion and academic quality; ``(E) maintaining or reducing the cost of public higher education and the price charged to students; and ``(F) investing in improving capacity, access, quality, and student achievement of in-State public institutions of higher education. ``(3) Annual report.--The Partnership Office shall submit an annual report to the relevant committees of Congress and include information gained from the annual evaluation under paragraph (2). ``(4) Website.--The Partnership Office shall create a public, consumer-oriented website with information about State- Federal partnerships established under this part, including information from the annual evaluation under paragraph (2). ``(b) State.-- ``(1) In general.--A State that receives a grant under this part to establish a State-Federal partnership shall-- ``(A) distribute the grant funds according to the allowable uses of funds described in section 499A-5 in a manner designed to best achieve the partnership's goal of providing debt-free college for all eligible students at in-State public institutions of higher education; ``(B) maintain access at each in-State public institution of higher education for low-income and underserved students; ``(C) cap tuition and fees at public institutions of higher education in the State at levels as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary); ``(D) commit to working with in-State public institutions of higher education to reduce tuition and fees as the net State operating support increases; ``(E) maintain State need-based financial aid programs in effect on the date of enactment of the Debt-Free College Act of 2021 or use State funds for such programs to further the debt-free commitment made under the State-Federal partnership; ``(F) maintain or increase levels of net State operating support in effect on the date of enactment of the Debt-Free College Act of 2021, subject to the maintenance of effort provisions contained in this part; ``(G) develop, adopt, and implement a State formula for calculating the cost of attendance at in-State public institutions of higher education; ``(H) develop statewide credit transfer policies to-- ``(i) facilitate credit transfers among in- State public institutions of higher education; and ``(ii) provide students with clear and timely information about credit transfer policies at in-State public institutions of higher education; and ``(I) clearly communicate to prospective students, their families, and the general public how the State plans to implement the State-Federal partnership and how eligible students can attend a public institution of higher education in the State without debt, including early notification for students of their eligibility for financial aid under the partnership. ``(2) 5-year plan.-- ``(A) In general.--In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State- Federal partnership. A State shall update and resubmit a plan every 5 years thereafter. ``(B) Plan to meet goals.--The 5-year plan shall detail how the State plans to meet the goal of providing debt-free college for all eligible students at in-State public institutions of higher education within 5 years and increase the State's investment in higher education, with specific benchmarks detailed for each year. ``(C) Approved by the secretary.--The 5-year plan, and the State's annual progress, shall be approved by the Secretary in order for the State to be eligible to receive, or continue receiving, grant funds under the State-Federal Partnership award. ``(D) Waiver of 5-year deadline.--A State may apply for a waiver from the deadline of meeting all of the State-Federal partnership's goals within 5 years if the State-- ``(i) provides a credible plan for making progress towards the goals; and ``(ii) is able to demonstrate that the State will, at a minimum, provide debt-free college within 5 years to eligible students who are Federal Pell Grant recipients under subpart 1 of part A. ``(3) No additional eligibility requirements.--A State that receives a grant under this part to establish a State-Federal partnership may not impose additional eligibility requirements on students other than those contained in this part. ``SEC. 499A-5. USES OF FUNDS. ``(a) In General.-- ``(1) Need-based aid for pell recipients.--A State that receives a grant under this part to establish a State-Federal partnership shall disburse funds from the net State operating support and the partnership grant funds on the basis of need, as determined by an institutional financial aid eligibility form, to cover the unmet need for each eligible student who receives a Federal Pell Grant under subpart 1 of part A. ``(2) Disbursement of remaining funds.--Any funds that remain after a State disburses funds in accordance with paragraph (1) shall be used by the State to cover part or all of the unmet need for eligible students who do not receive a Federal Pell Grant under subpart 1 of part A, with priority based on student financial need, in a manner determined by the State. ``(3) No funds in excess of cost of attendance.--An eligible student shall not receive funds under this part in excess of the student's actual cost of attendance. ``(4) Private aid not taken into account.--In disbursing funds under this paragraph, the State shall not take into account any private sources of aid or loans available to an eligible student. ``(b) College Completion Programs.-- ``(1) In general.--A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall use 4 percent of the grant funds for such fiscal year to establish or increase funding for college completion programs. ``(2) Distribution.--From the total amount of grant funds available under paragraph (1) for a fiscal year, the State shall provide to each public institution of higher education in the State that is eligible to participate in programs under this title for such fiscal year an amount that bears the same relation to such total amount as the number of students enrolled in such institution of higher education who are eligible to receive a Federal Pell Grant bears to the number of students enrolled in all public institutions of higher education in the State who are eligible to receive a Federal Pell Grant. ``(3) Allowable uses.--An institution of higher education that receives funds under paragraph (2) shall use such funds to establish, implement, or expand a college completion program, including for the following purposes: ``(A) Providing information to prospective and current students to assist and improve completion, including creating materials clarifying different program completion requirements and costs, holding seminars for prospective or current students on course schedules and program costs, and updating school websites to make information publically available. ``(B) Hiring additional counselors and advisors to focus on student completion support and training existing personnel to implement the college completion program. ``(C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. ``(D) Providing microgrants for students participating in the college completion program who maintain good academic standing and progress toward on- time graduation. ``(4) Reporting.-- ``(A) Reports from institutions.--An institution of higher education that receives funds under paragraph (2) shall submit to the State in which the institution is located at the end of each fiscal year a report that details the uses of funds, changes in the ratios of students to counselors, and 2-year and 4-year degree attainment rates, disaggregated by race and Federal Pell Grant recipient status. ``(B) Suspension.--If a State determines that an institution of higher education that receives funds under paragraph (2) for a fiscal year used such funds for activities that were not allowable uses under paragraph (3), the State may suspend distribution of funds to the institution for the following fiscal year and require the institution to submit proposed expenditures for approval before receiving funds again under paragraph (2). ``(C) Report from state.--A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall submit to the Secretary at the end of each fiscal year a report that details the uses of grant funds under this subsection in public institutions of higher education in the State that are eligible to participate in programs under this title, changes in the ratio of students to counselors in such institutions in the State, and 2-year and 4-year degree attainment rates in such institutions in the State, disaggregated by race and Federal Pell Grant recipient status. ``(c) Higher Education Related Activities.--A State that receives a grant under this part to establish a State-Federal partnership may use not more than 5 percent of the grant funds for the following higher education related activities: ``(1) Increasing the capacity within the public higher education system of the State, including through the following: ``(A) Construction of new facilities. ``(B) Renovation of existing facilities. ``(C) Hiring of faculty. ``(D) Student support services. ``(2) Increasing the enrollment of low-income and underserved students. ``(3) Improving student outcomes, including meeting student learning goals, increasing completion rates, and improving post-graduate job placement, in consultation with faculty and staff at in-State public institutions of higher education. ``(4) Providing information to prospective students and families. ``(5) Developing new higher education programs to meet the State's workforce needs, in consultation with faculty and staff at in-State public institutions of higher education, employers, and other relevant stakeholders. ``(6) Programs and student support services at public secondary schools if those programs and services directly support an activity described in any of paragraphs (1) through (5). ``(7) Other activities as approved by the Secretary to improve the State's public higher education system, particularly for low-income and underserved students. ``(d) Administration and Other Uses.--A State that receives a grant under this part to establish a State-Federal partnership may use not more than 1 percent of the grant funds-- ``(1) to administer the partnership; and ``(2) for-- ``(A) higher education research and data tools, such as those that link education and employment data systems; ``(B) forming agreements with other States participating in the partnership for reciprocal student eligibility; and ``(C) developing and implementing systems to provide early notification to students and families of their eligibility for financial aid. ``(e) Prohibition on Use of Funds.--A State that receives a grant under this part to establish a State-Federal partnership may not use grant funds for-- ``(1) endowments; or ``(2) the construction of athletic or commercial venues. ``SEC. 499A-6. MAINTAINING NET STATE OPERATING SUPPORT FOR HIGHER EDUCATION. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(b) Waivers.-- ``(1) In general.--The Secretary may grant a waiver to a State from the requirement under subsection (a) for a fiscal year, if the State demonstrates that-- ``(A) the net State operating support for such fiscal year as a percentage of total revenue available to the State that will fund higher education for such fiscal year is not less than such percentage for the previous fiscal year; and ``(B) unexpected or uncontrollable circumstances prevent the State from maintaining such State support. ``(2) No reduction for subsequent fiscal year.--If the Secretary grants a State a waiver under paragraph (1) for a fiscal year, a determination of the required level of net State operating support for subsequent fiscal years shall exclude the fiscal year for which the waiver was granted. ``SEC. 499A-7. OVERSIGHT. ``(a) In General.--If a State that receives a grant under this part to establish a State-Federal partnership breaches a term of the partnership, the Partnership Office shall notify the State and provide the State an opportunity to correct the record or cure the breach within 30 days of the notification. ``(b) Recommendation.--Based on the State's response to a notification under subsection (a), the Partnership Office shall recommend that the Secretary-- ``(1) take no action; ``(2) place the State on probation; or ``(3) deem the State ineligible to continue to participate in the partnership. ``(c) Implementation.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall implement the recommendation of the Partnership Office under subsection (b). ``(2) Exception.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may choose not to implement the recommendation of the Partnership Office under subsection (b). ``(B) Reasons and report.--If the Secretary chooses not to implement the recommendation of the Partnership Office under subsection (b), the Secretary shall-- ``(i) provide an explanation for such decision; and ``(ii) notify the relevant committees of Congress in a report. ``(d) Probation.-- ``(1) In general.--If a State is placed on probation by the Secretary due to a breach of a term of the partnership, the State shall develop a plan to remedy the breach. ``(2) Withholding.--With respect to a State that is placed on probation by the Secretary due to a breach of a term of the partnership, the Secretary shall withhold half of the State's partnership grant award until the breach has been remedied or the State has demonstrated credible progress towards remedying the breach. ``(e) Ineligibility.-- ``(1) In general.--If a State is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, the State shall not receive its partnership grant award for the subsequent year. ``(2) Remaining ineligible.--A State that is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, shall remain ineligible for participation until the State has demonstrated that the State meets the partnership's requirements. ``SEC. 499A-8. STATE WITHDRAWAL OR INELIGIBILITY. ``(a) In General.--If a State that receives a grant under this part to establish a State-Federal partnership intends to withdraw from the partnership or becomes ineligible to continue participation under this part, the State shall comply with the requirements of this section, including, if the State intends to withdraw, notifying the Secretary and the Partnership Office 60 days prior to the withdrawal. ``(b) Continued Coverage.-- ``(1) In general.--Any unexpended balance from a State- Federal partnership grant award that remains after a State notifies the Partnership Office of the State intention to withdraw from the partnership or becomes ineligible to continue participation under this part shall be placed into an escrow account at the Department and used solely to provide need-based grant aid to an eligible student who has received a Federal Pell Grant under subpart 1 of part A and who was enrolled before the State notified the Partnership Office of the State's intention to withdraw from the partnership or the State became ineligible. ``(2) Coverage until students finish program.-- ``(A) In general.--A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall continue to cover the unmet need for each eligible student who received a Federal Pell Grant under subpart 1 of part A and who was enrolled before the State notified the Partnership Office of the State's intention to withdraw from the partnership or became ineligible until each such student completes the student's program of study at the institution or until the allotted time for completion of such program of study expires. ``(B) Priority.--In carrying out subparagraph (A), a State shall prioritize funding based on students' financial need. ``(3) Communication of information.--A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. ``SEC. 499A-9. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part-- ``(1) $84,000,000,000 for fiscal year 2021; and ``(2) such sums as may be necessary for each fiscal years 2022 through 2031. ``(b) Availability.--Funds made available under subsection (a) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated.''. SEC. 3. DEBT-FREE COLLEGE GRANT PROGRAM FOR HBCUS AND MSIS. Part F of title III of the Higher Education Act of 1965 (20 U.S.C. 1067q et seq.) is amended by adding at the end the following: ``SEC. 372. DEBT-FREE COLLEGE GRANT PROGRAM FOR HBCUS AND MSIS. ``(a) Definition of Eligible Institution.-- ``(1) In general.--In this section, except as provided in paragraph (2), the term `eligible institution' means an institution of higher education that is-- ``(A) a private, nonprofit 2-year or 4-year part B institution (as defined in section 322); ``(B) a Tribal College or University (as defined in section 316); or ``(C) a private, nonprofit 2-year or 4-year institution-- ``(i) that is-- ``(I) a Hispanic-serving institution (as defined in section 502); ``(II) an Alaska Native-serving institution (as defined in section 317(b)); ``(III) a Native Hawaiian-serving institution (as defined in section 317(b)); ``(IV) a Predominantly Black Institution (as defined in section 318); ``(V) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or ``(VI) a Native American-serving, nontribal institution (as defined in section 319); and ``(ii) in which not less than 35 percent of the students enrolled at the institution are eligible to receive a Federal Pell Grant. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. ``(2) Duration.--Grants awarded under this section shall be for a period of 5 years. ``(c) Application.--An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a plan detailing how-- ``(1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and ``(2) the institution plans to meet the requirements of the grant program. ``(d) Awarding of Grants.-- ``(1) In general.-- ``(A) In general.--A grant amount awarded to an eligible institution under this section for a year-- ``(i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and ``(ii) shall not be disbursed for the year until the Partnership Office created under section 499A-4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). ``(B) Ratable reduction.--If the amount appropriated to carry out this section for a fiscal year is insufficient to award each eligible institution the institution's full grant amount pursuant to subparagraph (A), the Secretary shall establish procedures for ratably reducing each institution's award amount for such fiscal year. ``(2) Waivers.-- ``(A) In general.--Subject to subparagraph (B), if the percentage of students eligible to receive a Federal Pell Grant who are enrolled at an eligible institution that receives a grant under this section decreases to less than 35 percent after the first year of the grant award, such institution may apply to the Secretary for a waiver of the requirement that an institution to be eligible to receive a grant under this section have not less than 35 percent of the students enrolled at the institution eligible to receive a Federal Pell Grant. ``(B) Restrictions on waiver.--The Secretary shall grant a waiver under subparagraph (A)-- ``(i) only if the decrease in percentage is-- ``(I) small relative to the size of the student body; or ``(II) the result of unexpected or uncontrollable circumstances; and ``(ii) not more than 2 times during the 5- year grant period. ``(e) Use of Grant Funds.-- ``(1) In general.--An eligible institution that receives a grant under this section shall use the grant funds as follows: ``(A) 95 percent of the grant funds shall be-- ``(i) used to cover the unmet need for financial assistance to attend the institution of students who have not yet earned a bachelor's degree; and ``(ii) disbursed according to financial need. ``(B) 5 percent of the grant funds shall be used for the following activities: ``(i) Increasing capacity through construction or renovation of facilities. ``(ii) Hiring faculty. ``(iii) Student support services. ``(iv) Other activities to increase enrollment of low-income and underserved students, improve student outcomes, and provide information to prospective students and families, and other activities as approved by the Secretary to improve access, affordability, or quality of the education provided by the institution. ``(2) Prohibition on use of funds.--An eligible institution that receives a grant under this section may not use grant funds for endowments or the construction of athletic or commercial venues. ``(f) Annual Update.--An eligible institution that receives a grant under this section shall submit to the Secretary an annual update-- ``(1) with any changes to the institution's expenditures on student instruction and academic support; and ``(2) on how the institution is fulfilling the terms of the grant. ``(g) Terms of the Grant.-- ``(1) Grantee commitment.--An eligible institution that receives a grant under this section shall carry out the following: ``(A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). ``(B) Maintain expenditures on instruction and academic support at the institution at a level that is not less than the average of such expenditures at the institution over the period of 3 years preceding the date of enactment of the Debt-Free College Act of 2021. ``(C) Maintain the enrollment of low-income students, as defined by the Secretary, at the institution at a level that is not less than the level of such enrollment as of the date of enactment of the Debt-Free College Act of 2021. ``(D) Maintain institutional aid at a level that is not less than the average of such aid over the period of 3 years preceding the date of enactment of the Debt- Free College Act of 2021. ``(E) Submit to the Secretary for approval the institution's calculation of the cost of attendance at such institution. ``(F) Clearly communicate to prospective students and their families the following: ``(i) How students can attend the institution without debt. ``(ii) That a debt-free college education provided pursuant to this section is conditioned upon institutional eligibility and participation under this section and may not apply for each year that the student is enrolled at the institution. ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification. ``(B) Recommendation.--The Partnership Office created under section 499A-4(a) shall, after considering the eligible institution's response to a notification under subparagraph (A) or lack of response, make a recommendation to the Secretary that the Secretary-- ``(i) take no action with respect to the eligible institution; ``(ii) place the eligible institution on probation; or ``(iii) revoke the eligible institution's eligibility for the grant program under this section. ``(C) Probation.--An eligible institution that is placed on probation by the Secretary shall develop a plan to remedy the breach of the term of the grant. If the eligible institution does not remedy the breach, the Secretary may levy a fine against the institution of an amount not to exceed 1 percent of the annual grant amount. ``(D) Ineligibility.--If an eligible institution's eligibility for the grant program under this section has been revoked by the Secretary, such institution shall-- ``(i) place into escrow any unexpended grant funds described in subsection (e)(1)(A) to be disbursed directly to students enrolled at the institution; ``(ii) return to the Secretary any unexpended funds described in subsection (e)(1)(B); ``(iii) remain ineligible to receive a grant under this section during the 3-year period after the date eligibility was revoked; and ``(iv) notify prospective and enrolled students at the institution and their families of such ineligibility for participation in the grant program under this section. ``(h) Withdrawal.--An eligible institution that receives a grant under this section that intends to withdraw from the grant program under this section shall-- ``(1) notify the Partnership Office created under section 499A-4(a) not less than 60 days prior to the withdrawal; ``(2) place into escrow any unexpended grant funds to be disbursed directly to students enrolled at the institution; and ``(3) notify prospective and enrolled students at the institution and their families of such withdrawal. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $3,000,000,000 for fiscal year 2021; and ``(B) such sums as may be necessary for each fiscal years 2022 through 2031. ``(2) Availability.--Funds made available under paragraph (1) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated.''. SEC. 4. TITLE IV ELIGIBILITY FOR DREAMER STUDENTS. Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) is amended-- (1) in subsection (a)(5), by inserting ``, or be a Dreamer student, as defined in subsection (u)'' after ``becoming a citizen or permanent resident''; and (2) by adding at the end the following: ``(u) Dreamer Students.-- ``(1) In general.--In this section, the term `Dreamer student' means an individual who-- ``(A) was younger than 16 years of age on the date on which the individual initially entered the United States; ``(B) has provided a list of each secondary school that the student attended in the United States; and ``(C)(i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; ``(ii) has acquired a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; ``(iii) at any time was eligible for a grant of deferred action under-- ``(I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children'; or ``(II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'; or ``(iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge. ``(2) Hardship exception.--The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual-- ``(A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and ``(B) satisfies the requirement of paragraph (1)(C).''. <all>

Debt-Free College Act of 2021

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes.

Debt-Free College Act of 2021

Rep. Pocan, Mark

D

WI

This bill establishes measures to cover the unmet financial need of students who are enrolled at certain institutions of higher education (IHEs). Unmet financial need refers to the difference between a student's cost of attendance and the student's expected family contribution, plus any federal, state, and local sources of grant aid. In addition, the bill makes certain Dreamer students (i.e., students who have been granted Deferred Action for Childhood Arrivals status) eligible for federal financial aid. First, the bill requires the Department of Education (ED) to award grants for state-federal partnerships with a goal of providing debt-free college for all eligible students at in-state public IHEs. Eligible student refers to an individual who (1) is enrolled or is eligible to enroll in an in-state public IHE, (2) demonstrates eligibility for a Federal Pell Grant through institutional financial-aid eligibility forms, and (3) demonstrates satisfactory academic progress. Next, the bill requires ED to award grants to historically Black colleges and universities and minority-serving institutions to cover the unmet financial need of enrolled students. ED must establish an office to administer grants and provide oversight. In addition, the bill makes Dreamer students who entered the United States before the age of 16 and who meet certain educational criteria eligible for federal student aid.

PURPOSE. ``(5) Full-time equivalent students.--The term `full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time, which shall be defined and calculated in the manner determined most appropriate by the Secretary. ``(8) Partnership office.--The term `Partnership Office' means the Office created under section 499A-4(a). ``(c) Amount of Grants.-- ``(1) In general.--The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. STATE-FEDERAL PARTNERSHIP RESPONSIBILITIES. ``(3) Annual report.--The Partnership Office shall submit an annual report to the relevant committees of Congress and include information gained from the annual evaluation under paragraph (2). ``(3) No additional eligibility requirements.--A State that receives a grant under this part to establish a State-Federal partnership may not impose additional eligibility requirements on students other than those contained in this part. 499A-5. USES OF FUNDS. ``(C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. ``(D) Student support services. ``(4) Providing information to prospective students and families. ``(7) Other activities as approved by the Secretary to improve the State's public higher education system, particularly for low-income and underserved students. ``(d) Probation.-- ``(1) In general.--If a State is placed on probation by the Secretary due to a breach of a term of the partnership, the State shall develop a plan to remedy the breach. ``(2) Remaining ineligible.--A State that is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, shall remain ineligible for participation until the State has demonstrated that the State meets the partnership's requirements. STATE WITHDRAWAL OR INELIGIBILITY. ``(B) Priority.--In carrying out subparagraph (A), a State shall prioritize funding based on students' financial need. AUTHORIZATION OF APPROPRIATIONS. 3. is amended by adding at the end the following: ``SEC. DEBT-FREE COLLEGE GRANT PROGRAM FOR HBCUS AND MSIS. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(ii) Hiring faculty. ``(D) Maintain institutional aid at a level that is not less than the average of such aid over the period of 3 years preceding the date of enactment of the Debt- Free College Act of 2021. ``(E) Submit to the Secretary for approval the institution's calculation of the cost of attendance at such institution. SEC. 4. TITLE IV ELIGIBILITY FOR DREAMER STUDENTS.

H.R.6364

Public Lands and Natural Resources

This bill extends until September 30, 2026, the use of Highway 209, a federally owned road within the boundaries of the Delaware Water Gap National Recreation Area, by certain commercial vehicles that serve local businesses.

To amend the Delaware Water Gap National Recreation Area Improvement Act to extend the exception to the closure of certain roads within the Recreation Area for local businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP NATIONAL RECREATION AREA. Section 4(b) of the Delaware Water Gap National Recreation Area Improvement Act (Public Law 109-156; 119 Stat. 2948) is amended in the matter preceding paragraph (1), by striking ``Until'' and all that follows through ``subsection (a)'' and inserting ``Until September 30, 2026, subsection (a)''. SEC. 2. 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 September 28, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Delaware Water Gap National Recreation Area Improvement Act to extend the exception to the closure of certain roads within the Recreation Area for local businesses, and for other purposes.

To amend the Delaware Water Gap National Recreation Area Improvement Act to extend the exception to the closure of certain roads within the Recreation Area for local businesses, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Delaware Water Gap National Recreation Area Improvement Act to extend the exception to the closure of certain roads within the Recreation Area for local businesses, and for other purposes.

Rep. Cartwright, Matt

D

PA

This bill extends until September 30, 2026, the use of Highway 209, a federally owned road within the boundaries of the Delaware Water Gap National Recreation Area, by certain commercial vehicles that serve local businesses.

To amend the Delaware Water Gap National Recreation Area Improvement Act to extend the exception to the closure of certain roads within the Recreation Area for local businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP NATIONAL RECREATION AREA. Section 4(b) of the Delaware Water Gap National Recreation Area Improvement Act (Public Law 109-156; 119 Stat. 2948) is amended in the matter preceding paragraph (1), by striking ``Until'' and all that follows through ``subsection (a)'' and inserting ``Until September 30, 2026, subsection (a)''. SEC. 2. 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 September 28, 2022. Attest: CHERYL L. JOHNSON, Clerk.

S.4284

Crime and Law Enforcement

Family Notification of Death, Injury, or Illness in Custody Act of 2022 This bill requires the Department of Justice (DOJ) to develop policies and procedures for notifying next-of-kin or other emergency contacts in the event of the death, or serious illness or serious injury, of an individual in custody. The bill requires DOJ to implement the policies and procedures at its detention agencies. Further, the bill requires DOJ to distribute model policies and procedures to state, territorial, tribal, and local detention agencies.

To establish Federal policies and procedures to notify the next-of-kin or other emergency contact upon the death, or serious illness or serious injury, of an individual in Federal custody, to provide model policies for States, units of local government, and Indian Tribes to implement and enforce similar policies and procedures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Notification of Death, Injury, or Illness in Custody Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) In the event an individual dies or becomes seriously ill or injured while being detained, arrested, or while in law enforcement custody, their family members deserve to be notified in a timely and compassionate manner. Such notification is necessary to uphold the basic human dignity of incarcerated people, a concept rooted in the Eighth Amendment and Due Process Clause of the 14th Amendment to the Constitution of the United States. (2) The lack of a national standard governing notification of death, illness, and injury that occur in prisons, jails, and police custody can lead to inhumane treatment of incarcerated people and their loved ones. Poor communication regarding the death of a loved one may exacerbate the grief and other physical and psychological reactions of surviving relatives. SEC. 3. DEFINITIONS. In this Act: (1) Custodial record.--The term ``custodial record'' means the central file of an individual in custody. (2) Detention agency.--The term ``detention agency'' means any government agency, including a law enforcement agency or correctional agency, that has the authority to detain individuals for violations or alleged violations of criminal or civil law. (3) In custody of a detention agency.--The term ``in the custody of a detention agency'' means an individual who, after being detained and booked into a jail or holding facility for a Federal, State, or local offense-- (A) is physically housed at a jail, prison, boot camp prison, contract correctional facility, community correctional facility, halfway house, or other correctional facility (including any juvenile detention facility); or (B) has been or is being transferred to a medical facility from a correctional facility. SEC. 4. EMERGENCY CONTACT NOTIFICATION POLICIES AND PROCEDURES. (a) Emergency Contact Notification Policies and Procedures.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall, consistent with the requirements in this section-- (1) implement policies and procedures for the detention agencies of the Department of Justice to notify the next-of-kin or other emergency contact in the event of the death, or serious illness or serious injury, of an individual in the custody of a detention agency of the Department of Justice; and (2) develop and distribute model policies and procedures for detention agencies of States, territories of the United States, Tribes, and units of local government to notify the next-of-kin or other emergency contact in the event of the death, or serious illness or serious injury, of an individual in the custody of the detention agency, and provide assistance to such detention agencies so that the agencies may implement such procedures or substantially similar processes. (b) Contents of Emergency Contact Notification Policies and Procedures.--The policies and procedures described in subsection (a) shall include best practices that address the following: (1) Emergency contact information.--In the case of an individual that is in the custody of a detention agency, the detention agency shall obtain, to the greatest extent practicable-- (A) the name, last known address, telephone number, and email of any individual or individuals who-- (i) shall be notified in the event of the death or serious illness or serious injury, of the individual in custody; and (ii) are authorized to receive the body and personal effects of the individual in custody; (B) whether the individual in custody would like a faith leader to participate in the notification process and, if so, of what denomination; and (C) whether the individual has in place a medical proxy decision maker or medical power of attorney, advanced directive, or do not resuscitate order, and the name and contact information of the individual or individuals holding such authorities. (2) Notification requirements for death, serious illness, and serious injury while in custody.-- (A) Notification of death in custody.--In the event an individual dies while in the custody of the detention agency, the detention agency shall notify the emergency contact of the individual not later than 12 hours after the declaration of death and between the hours of 6:00 a.m. and to midnight local time. Such notification shall include information about the circumstances surrounding the death, including the official time of death, the cause of death, and whether the death is under investigation, including the reason for opening the investigation. (B) Notification of serious illness or serious injury.--In the event an individual becomes seriously ill or seriously injured while in the custody of a detention agency, the detention agency shall attempt to notify the emergency contact of the individual as soon as practicable after the serious injury or serious illness occurs. Such notification shall include information about the serious illness or injury, including the cause and nature of the serious injury or serious illness event, whether the individual is incapacitated, unconscious, or unable to speak, whether any medical procedures or life-saving measures were, or will be, performed in response to the incident, and the contact information of the facility and provider of medical treatment. (3) Compassionate and professional notification.--The policies and procedures described in subsection (a) shall include best practices to provide notification of death, serious illness, or serious injury in custody in a compassionate and professional manner to minimize confusion and trauma suffered by the next-of-kin or other emergency contact. The best practices shall address the manner of notification, including-- (A) providing notification by an individual trained in notification best practices; (B) if notification occurs in person, providing the next-of-kin or other emergency contact a point of contact at the detention facility; and (C) providing notification of a death in custody via a telephone or in-person conversation, immediately followed by a written letter of condolence that advises the person of the circumstances of the death, and providing a description of what information can and cannot be provided over voicemail. (4) Definition of serious illness or serious injury.--The policies and procedures described in subsection (a) shall define when a medical event, episode, condition, accident, or other incident constitutes a serious illness or serious injury. In defining such term, the Attorney General shall require notification in at least situations where-- (A) without immediate treatment for the condition, death is imminent; (B) admission to a hospital is required; (C) an individual attempted suicide; (D) an individual is unconscious or incapacitated such that they are incapable of providing consent for medical treatment; and (E) an individual has been diagnosed with a terminal illness. (5) Emergency contact form.--The policies and procedures described in subsection (a) shall include a template form for detention agencies to record the emergency contact information for inclusion in the custodial record of the individual. (6) Additional best practices.--The policies and practices described in subsection (a) shall include best practices to-- (A) permit individuals in custody to modify their emergency contact information as needed; (B) provide individuals in custody the opportunity to fill out a medical power of attorney, health care proxy, advanced directive, a do not resuscitate order, or any other similar document that complies with the State law in the location of detention; (C) return the belongings and remains of the individual to the emergency contact, if desired; (D) document and maintain within the custodial record of the individual each notification attempt performed pursuant to this Act by the detention agency; (E) provide the emergency contact meaningful opportunity to visit with a seriously ill or seriously injured individual in custody and to communicate with the medical staff caring for that individual; (F) provide the individual in custody information about the purpose and permissible uses of the emergency contact information provided pursuant to this section; and (G) in the event of a death in custody, notify the emergency contact if an autopsy is going to be performed and the procedures for obtaining any autopsy report. (c) Written Notification Plan.--The policies and procedures described in subsection (a) shall instruct detention agencies to develop a written notification plan, or revise an existing written notification plan, that provides for notification of a death, serious illness, or serious injury of an individual in custody that conforms with the policies described in subsection (b). Such written notification plans shall be published on the website of the detention agency and made accessible to individuals in the custody of the detention agency through inclusion in any intake information, manuals, or other materials distributed or made available to individuals upon being taken into custody. (d) Additional Requirements.-- (1) DOJ support of state and local implementation of model policies.--To support implementation of the model policies and procedures described in subsection (a)(2), the Attorney General shall provide ongoing online training and directed outreach to law enforcement, prosecution and defense agencies through national and State membership associations, and by other means. (2) Publication of emergency contact policies and procedures.--The Attorney General, acting through the Assistant Attorney General of the Office of Justice Programs, shall-- (A) publish on the website of the Office of Justice Programs the policies and procedures described in subsection (b); and (B) shall include a copy of the procedures described subsection (b)(1) in any intake information, manuals, or other materials distributed or made available to individuals upon being taken into custody of a detention agency of the Department of Justice. (3) Intergovernmental service contracts and agreements.-- Any Department of Justice detention agency, including the United States Marshals Service, that contracts with State, municipality, Tribal, private, or other entities to house individuals in custody shall require adoption of the procedures or substantially similar procedures as described in subsection (b)(2) as a condition of such contract or contract renewal. (4) Department of justice to monitor compliance with notification and communication requirements.--The Attorney General shall appoint an individual within the Department of Justice with the authority to receive and investigate complaints regarding the failure to provide-- (A) the notifications required under this Act, including inadequate notifications; and (B) opportunities for communication and visitation in accordance with this Act. (e) Voluntary Collection.--A detention agency may not-- (1) attempt to persuade or coerce an individual in the custody of a detention agency to provide the information described in subsection (a); or (2) impose any penalty, fine, or fee on the individual for-- (A) the failure or refusal of the individual to provide the information requested; or (B) providing information that is later determined to be inaccurate. SEC. 5. RULES OF CONSTRUCTION. Nothing in this Act may be construed to-- (1) create any legal or financial obligation on the part of any individual designated as a next-of-kin or other emergency contact under this Act; (2) require the individual in custody of a detention agency to provide the emergency contact information described in section 4(a); or (3) create a private right of action to enforce any provision of this Act. <all>

Family Notification of Death, Injury, or Illness in Custody Act of 2022

A bill to establish Federal policies and procedures to notify the next-of-kin or other emergency contact upon the death, or serious illness or serious injury, of an individual in Federal custody, to provide model policies for States, units of local government, and Indian Tribes to implement and enforce similar policies and procedures, and for other purposes.

Family Notification of Death, Injury, or Illness in Custody Act of 2022

Sen. Ossoff, Jon

D

GA

This bill requires the Department of Justice (DOJ) to develop policies and procedures for notifying next-of-kin or other emergency contacts in the event of the death, or serious illness or serious injury, of an individual in custody. The bill requires DOJ to implement the policies and procedures at its detention agencies. Further, the bill requires DOJ to distribute model policies and procedures to state, territorial, tribal, and local detention agencies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. Poor communication regarding the death of a loved one may exacerbate the grief and other physical and psychological reactions of surviving relatives. 3. DEFINITIONS. In this Act: (1) Custodial record.--The term ``custodial record'' means the central file of an individual in custody. (3) In custody of a detention agency.--The term ``in the custody of a detention agency'' means an individual who, after being detained and booked into a jail or holding facility for a Federal, State, or local offense-- (A) is physically housed at a jail, prison, boot camp prison, contract correctional facility, community correctional facility, halfway house, or other correctional facility (including any juvenile detention facility); or (B) has been or is being transferred to a medical facility from a correctional facility. 4. EMERGENCY CONTACT NOTIFICATION POLICIES AND PROCEDURES. Such notification shall include information about the circumstances surrounding the death, including the official time of death, the cause of death, and whether the death is under investigation, including the reason for opening the investigation. (B) Notification of serious illness or serious injury.--In the event an individual becomes seriously ill or seriously injured while in the custody of a detention agency, the detention agency shall attempt to notify the emergency contact of the individual as soon as practicable after the serious injury or serious illness occurs. The best practices shall address the manner of notification, including-- (A) providing notification by an individual trained in notification best practices; (B) if notification occurs in person, providing the next-of-kin or other emergency contact a point of contact at the detention facility; and (C) providing notification of a death in custody via a telephone or in-person conversation, immediately followed by a written letter of condolence that advises the person of the circumstances of the death, and providing a description of what information can and cannot be provided over voicemail. Such written notification plans shall be published on the website of the detention agency and made accessible to individuals in the custody of the detention agency through inclusion in any intake information, manuals, or other materials distributed or made available to individuals upon being taken into custody. (d) Additional Requirements.-- (1) DOJ support of state and local implementation of model policies.--To support implementation of the model policies and procedures described in subsection (a)(2), the Attorney General shall provide ongoing online training and directed outreach to law enforcement, prosecution and defense agencies through national and State membership associations, and by other means. (4) Department of justice to monitor compliance with notification and communication requirements.--The Attorney General shall appoint an individual within the Department of Justice with the authority to receive and investigate complaints regarding the failure to provide-- (A) the notifications required under this Act, including inadequate notifications; and (B) opportunities for communication and visitation in accordance with this Act. SEC. 5.

H.R.8413

Taxation

Reduce Taxes on our Trucks Act This bill repeals the excise tax on heavy trucks and trailers sold at retail.

To amend the Internal Revenue Code of 1986 to repeal certain taxes imposed on heavy trucks and trailers sold at retail. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduce Taxes on our Trucks Act''. SEC. 2. REPEAL OF CERTAIN TAXES ON HEAVY TRUCKS AND TRAILERS SOLD AT RETAIL. (a) In General.--Section 4051(a)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraphs (C), (D), and (E). (b) Conforming Amendments.--Section 4051 of such Code is amended-- (1) by striking subsection (a)(5), (2) by striking subsection (b), and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. <all>

Reduce Taxes on our Trucks Act

To amend the Internal Revenue Code of 1986 to repeal certain taxes imposed on heavy trucks and trailers sold at retail.

Reduce Taxes on our Trucks Act

Rep. Mast, Brian J.

R

FL

This bill repeals the excise tax on heavy trucks and trailers sold at retail.

To amend the Internal Revenue Code of 1986 to repeal certain taxes imposed on heavy trucks and trailers sold at retail. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduce Taxes on our Trucks Act''. SEC. 2. REPEAL OF CERTAIN TAXES ON HEAVY TRUCKS AND TRAILERS SOLD AT RETAIL. (a) In General.--Section 4051(a)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraphs (C), (D), and (E). (b) Conforming Amendments.--Section 4051 of such Code is amended-- (1) by striking subsection (a)(5), (2) by striking subsection (b), and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. <all>

H.R.3759

Health

Physical Therapist Workforce and Patient Access Act of 2021 This bill makes physical therapists eligible for the National Health Service Corps Loan Repayment Program. This program assists primary care, mental health, and dental providers in repaying eligible student loans in exchange for working in areas with shortages of such providers.

To amend the Public Health Service Act to provide for the participation of physical therapists in the National Health Service Corps Loan Repayment 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Physical Therapist Workforce and Patient Access Act of 2021''. (b) Findings.--The Congress finds as follows: (1) Physical therapists play an important role in the prevention, treatment, or management of pain for individuals, including those with substance use disorders, or at risk of developing a substance use disorder. (2) Physical therapists are also playing an important role in the physical rehabilitation needs of individuals who have developed chronic health conditions as a result of COVID-19. SEC. 2. NATIONAL HEALTH SERVICE CORPS; PARTICIPATION OF PHYSICAL THERAPISTS IN LOAN REPAYMENT PROGRAM. (a) Mission of Corps; Definition of Primary Health Services.-- Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by striking ``or mental health,'' and inserting ``mental health, or physical therapy,''. (b) Loan Repayment Program.--Section 338B of the Public Health Service Act (42 U.S.C. 254l-1) is amended-- (1) in subsection (a)(1), by inserting ``physical therapists,'' after ``dentists,''; (2) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking ``, or be certified'' and inserting ``; be certified''; and (ii) by inserting before the semicolon the following: ``; or have a doctoral or master's degree in physical therapy''; (B) in subparagraph (B), by inserting ``physical therapy,'' after ``mental health,''; and (C) in subparagraph (C)(ii), by inserting ``physical therapy,'' after ``dentistry,''; and (3) by adding at the end the following: ``(i) Eligibility To Participate in Other Programs.--Nothing in this section shall be construed to prohibit any health care professional who is eligible to participate in the program under this section from participating in any other loan repayment program established by the Secretary for which such professional is eligible.''. <all>

Physical Therapist Workforce and Patient Access Act of 2021

To amend the Public Health Service Act to provide for the participation of physical therapists in the National Health Service Corps Loan Repayment Program, and for other purposes.

Physical Therapist Workforce and Patient Access Act of 2021

Rep. DeGette, Diana

D

CO

This bill makes physical therapists eligible for the National Health Service Corps Loan Repayment Program. This program assists primary care, mental health, and dental providers in repaying eligible student loans in exchange for working in areas with shortages of such providers.

To amend the Public Health Service Act to provide for the participation of physical therapists in the National Health Service Corps Loan Repayment 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Physical Therapist Workforce and Patient Access Act of 2021''. (b) Findings.--The Congress finds as follows: (1) Physical therapists play an important role in the prevention, treatment, or management of pain for individuals, including those with substance use disorders, or at risk of developing a substance use disorder. (2) Physical therapists are also playing an important role in the physical rehabilitation needs of individuals who have developed chronic health conditions as a result of COVID-19. SEC. 2. NATIONAL HEALTH SERVICE CORPS; PARTICIPATION OF PHYSICAL THERAPISTS IN LOAN REPAYMENT PROGRAM. (a) Mission of Corps; Definition of Primary Health Services.-- Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by striking ``or mental health,'' and inserting ``mental health, or physical therapy,''. (b) Loan Repayment Program.--Section 338B of the Public Health Service Act (42 U.S.C. 254l-1) is amended-- (1) in subsection (a)(1), by inserting ``physical therapists,'' after ``dentists,''; (2) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking ``, or be certified'' and inserting ``; be certified''; and (ii) by inserting before the semicolon the following: ``; or have a doctoral or master's degree in physical therapy''; (B) in subparagraph (B), by inserting ``physical therapy,'' after ``mental health,''; and (C) in subparagraph (C)(ii), by inserting ``physical therapy,'' after ``dentistry,''; and (3) by adding at the end the following: ``(i) Eligibility To Participate in Other Programs.--Nothing in this section shall be construed to prohibit any health care professional who is eligible to participate in the program under this section from participating in any other loan repayment program established by the Secretary for which such professional is eligible.''. <all>

H.R.6530

Health

Safeguarding Elderly Needs for Infrastructure and Occupational Resources Act of 2022 or the SENIOR Act of 2022 This bill requires the Department of Health and Human Services (HHS) to award grants to assisted living facilities for health care expenses and lost revenue attributable to COVID-19 and other purposes. It also addresses matters related to the senior caregiver workforce. To receive a grant, an assisted living facility must demonstrate that it had uncompensated losses due to COVID-19 and consistently maintained operations from March 13, 2020, to December 31, 2020. A facility must also certify that the grant is necessary for its ongoing operations. HHS must also award grants to assisted living facilities for broadband connectivity and telehealth support and other operation and maintenance costs. The Government Accountability Office must report on the efficacy of these grants. With respect to the senior caregiver workforce, the bill authorizes grants for assisted living facilities to establish or expand workforce training and recruitment programs. The National Health Care Workforce Commission must also designate the workforce needs of assisted living and other senior care populations as a high priority area and report on those needs.

To amend the Public Health Service Act to sustain senior congregate care operations in the wake of ongoing COVID-19 financial burdens, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Elderly Needs for Infrastructure and Occupational Resources Act of 2022'' or the ``SENIOR Act of 2022''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Long-term care facilities and senior congregate care homes provide direct and personalized care, where social distancing is not possible, 24 hours a day, 7 days a week. (2) Assisted living, memory care, independent living, and other senior congregate care settings are the homes of America's seniors and critical options on the long-term care continuum; these senior residences provide safety and security for our Nation's most vulnerable population. (3) Sixty percent of a senior's health is based on social determinants of health which include the need for adequate nutrition, housing, and social activities; thus supporting caregivers and home- and community-based care models that prioritize the social determinants of senior health should be a priority of the Congress. (4) Investing in senior care and the caregiving workforce prevents hospitalization and skilled nursing expenses, preserving Medicare and Medicaid budgets. (5) Since March of 2020, senior care facilities have lost over 380,000 caregivers and are experiencing a workforce crisis as America's population rapidly ages. (6) By 2030, the entire Baby Boomer Generation will be 65 years of age or older. (7) By 2060, nearly 95 million Americans will be 65 years of age or older and the portion of the population over 85 years of age will have tripled to nearly 20 million persons. (8) Fifty-two percent of individuals require long-term care by age 65. Individuals over 65 years of age are 70 percent more likely to need long-term care, with half of those seniors requiring an even higher level of care. (9) The average duration of long-term care is nearly 4 years, and 14 percent of individuals need long-term care for 5 or more years. (10) Twenty-seven percent of seniors over 65 years of age will spend at least $100,000 on long-term care, and 15 percent will have costs for long-term care surpassing $250,000. (11) The average cost for long-term care for a 65-year old today is $138,000. (12) Long-term care infrastructure must address the availability of cost-effective care and housing options to meet the growing needs of the Nation's aging population. (13) On average, assisted living costs $4,300 per month, which equals $5.91 per hour of available care (based on 24/7 care). Nursing homes cost $8,821 per month (or $13.13 per hour based on 24/7 care). In-home care costs $4,576 per month (or $26 per hour based on 44 hours per week care). (14) An individual 85 years of age or older is 630 percent more likely to die of COVID-19. (15) Sixty-three percent of residents of long-term care facilities need assistance with bathing; 48 percent need assistance with dressing; and 40 percent need assistance with toileting. (16) More than 42 percent of residents of long-term care facilities suffer from Alzheimer's disease or some other form of dementia. (17) The people of the United States are a compassionate people who are committed to protecting the most vulnerable in our society, and we should not jeopardize the financial underpinnings of the long-term care communities our Nation's senior citizens depend on day-in and day-out. SEC. 3. SENIOR CAREGIVER RELIEF ASSISTANCE. Part K of title III of the Public Health Service Act (42 U.S.C. 280c et seq.) is amended by adding at the end the following new subpart: ``Subpart IV--Senior Caregiver Relief Assistance ``SEC. 399A-1. SENIOR CAREGIVER RELIEF ASSISTANCE. ``(a) Authority.--The Secretary shall provide assistance under this section to eligible entities to stabilize and preserve senior congregate care operations. ``(b) Eligible Entities.-- ``(1) In general.--The Secretary may provide assistance under this section only to an entity that-- ``(A) is an assisted living facility; ``(B) demonstrates, by providing such documentation as the Secretary shall require, financial need by having-- ``(i) incurred uncompensated losses because of the public health emergency declared under section 319 with respect to COVID-19; and ``(ii) consistently maintained ongoing operations during the period from March 13, 2020, to December 31, 2020; and ``(C) makes a good-faith certification to the Secretary-- ``(i) that the uncertainty of existing economic conditions makes the application for assistance under this section necessary to support ongoing operations of the entity; and ``(ii) that all amounts of such assistance will be used to promote the health and well- being of the facility's population of seniors, to retain workers, to maintain the facility, and for other eligible uses under the relevant provisions of this section. ``(2) Basis of determinations.--Any individual determination of qualification of an entity as an eligible entity for purposes of this section shall be based on review of the entity's existing versus recent historic financials, including-- ``(A) profit-loss statements; ``(B) account receivables; ``(C) Federal tax filings; and ``(D) such other materials that the Secretary deems relevant to meet the purposes of this section. ``(c) Applications.--The Secretary shall-- ``(1) provide for eligible entities to submit applications for assistance under this section; and ``(2) require such applications-- ``(A) to set forth the proposed uses of such assistance; and ``(B) to contain such other assurances and information as the Secretary may require. ``(d) Formula Grants for Health Care-Related Expenses and Lost Revenue Attributable to COVID-19.-- ``(1) In general.--To the extent and in the amount of appropriations made in advance to carry out this section, the Secretary shall-- ``(A) make grants to eligible entities for health care-related expenses attributable to COVID-19 or to supplant lost revenue attributable to COVID-19; and ``(B) distribute such amounts among eligible entities in an equitable and timely manner, but not later than December 31, 2022, based on the order in which approvable applications from such entities are received by the Secretary. ``(2) Limitation on administrative expenses.--As a condition on receipt of a grant under this section, an eligible entity shall agree to use not more than 5 percent of the amounts received through the grant for administrative expenses. ``(3) Amount.--The amount of assistance distributed to an eligible entity pursuant to this subsection shall be-- ``(A) based on the number of beds in the facility to be assisted; and ``(B) proportional to the uncompensated losses of the eligible entity referred to in subsection (b)(1)(B)(i). ``(4) Rule of construction.--Nothing in this subsection shall be construed as preventing the Secretary from making assistance available to eligible entities at any time before the date specified in paragraph (1)(B). ``(e) Senior Caregiver Relief Grants.-- ``(1) In general.--To the extent and in the amount of appropriations made in advance to carry out this section, the Secretary shall make grants to eligible entities for use (subject to paragraph (2)) only for the following purposes: ``(A) Enhanced broadband connectivity and telehealth support.--To ensure regular and reliable communications connections between seniors residing in the assisted living facility of the entity and their physicians and medical support personnel. ``(B) Caregiver sustainability.--For costs of operating and maintaining the assisted living facility of the entity, including-- ``(i) for payments of principal or interest on any mortgage obligation in connection with the facility, but not including any prepayment of principal on such a mortgage obligation; ``(ii) for payments of rent for a facility, including rent under a lease agreement, but not including any prepayment of rent; ``(iii) for costs of activities to prevent, prepare for, and mitigate the presence of COVID-19 on facility premises, including costs of purchasing and installing equipment and supplies to disinfect the premises, support emergency management operations, and provide for associated staff-related expenses; ``(iv) for maintenance expenses for the facility for the purposes of COVID-19 mitigation and infection control, including construction to accommodate social distancing and other preventive measures, such as plexiglass barriers; ``(v) for costs of supplies for the facility, including protective equipment and cleaning materials; and ``(vi) for any other expenses that the Secretary determines to be essential to maintaining the facility. ``(2) Other activities.--Nothing in this subsection may be construed to prevent the Secretary from approving applications providing for use of funds for other costs, purposes, and activities not specifically identified in paragraph (1) that the Secretary deems appropriate and consistent with the purposes of this section. ``(f) Reporting.--Each recipient of a grant under subsection (d) or (e) shall submit reports and maintain documentation by such deadlines, in such form, and containing such content as the Secretary determines necessary to ensure compliance with the conditions of the grant. ``(g) Tax Treatment.-- ``(1) Exclusion from gross income.--For purposes of the Internal Revenue Code of 1986, amounts received by an eligible entity from the Secretary under a grant under subsection (d) or (e) shall not be included in the gross income of such eligible entity. ``(2) Effect of exclusion.--An eligible entity shall not have a tax deduction denied, a tax attribute reduced, or any basis increased by reason of the exclusion from gross income pursuant to paragraph (1). ``(h) GAO Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report assessing the efficacy of assistance made available under this section and the activities supported with such assistance. ``(i) Definitions.--In this section: ``(1) The term `assisted living facility' means a licensed, registered, certified, listed, or State-regulated residence, managed residential community, building, or part of a building that provides, or contracts to provide, housing with supportive services on a continuing basis to individuals who-- ``(A) are elderly or have a mental health, developmental, or physical disability; and ``(B) are unrelated by blood or marriage to the owner or operator of the residence, community, building, or part of a building if the owner or operator is an individual. ``(2) The term `eligible entity' means an entity that is eligible under subsection (b) to be provided assistance under this section. ``(3) The term `health care-related expenses attributable to COVID-19' means health care-related expenses to prevent, prepare for, and respond to COVID-19, including the building or construction of a temporary structure, the leasing of a property, the purchase of medical supplies and equipment (including personal protective equipment and testing supplies), providing for an expanded workforce (including by training staff, maintaining staff, and hiring additional staff), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary. ``(4) The term `lost revenue attributable to COVID-19' means the cost of services that were received, building modifications made, and tangible property ordered for mitigation and prevention of COVID-19, including the difference between such provider's budgeted and actual revenue if such budget was established and approved before March 27, 2020, for the purposes of preventing, preparing for, and responding to COVID-19. ``(j) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000,000 for fiscal year 2022, to remain available until expended.''. SEC. 4. SENIOR CAREGIVING WORKFORCE DEVELOPMENT SUSTAINMENT GRANTS. Part K of title III of the Public Health Service Act (42 U.S.C. 280c et seq.) is amended by inserting after section 399A-1, as added by section 3 of this Act, the following: ``SEC. 399A-2. SENIOR CAREGIVING WORKFORCE DEVELOPMENT SUSTAINMENT GRANTS. ``(a) In General.--The Secretary may award grants to eligible entities to establish or expand a senior caregiver workforce training and recruitment program on the campus of the respective eligible entity. ``(b) Amount; Duration.--A grant under this section shall be for-- ``(1) an amount of not more than $1,000,000; and ``(2) a term of not more than 4 years. ``(c) Use of Funds.--Amounts provided to an eligible entity through a grant under this section shall be used to cover the costs of-- ``(1) establishing or expanding a senior caregiver workforce training and recruitment program described in subsection (a), including costs associated with recruitment, training, and retention of senior caregivers; and ``(2) technical assistance provided by the eligible entity in connection with such program. ``(d) Application.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Reports.--Each recipient of a grant under this section shall submit reports and maintain documentation by such deadlines, in such form, and containing such content as the Secretary determines necessary to ensure compliance with the conditions of the grant. ``(f) Tax Treatment.-- ``(1) Exclusion from gross income.--For purposes of the Internal Revenue Code of 1986, amounts received by an eligible entity from the Secretary under a grant under this section shall not be included in the gross income of such eligible entity. ``(2) Effect of exclusion.--An eligible entity shall not have a tax deduction denied, a tax attribute reduced, or any basis increased by reason of the exclusion from gross income pursuant to paragraph (1). ``(g) Definitions.-- ``(1) The term `eligible entity'-- ``(A) means an assisted living facility as defined in section 399A-1; and ``(B) excludes any skilled nursing facility as defined in section 1819(a) of the Social Security Act. ``(2) The term `senior caregiver' means an individual who furnishes direct personal care, assistance with activities of daily living, or any other related service for older adults located on a campus of an eligible entity. ``(h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,250,000,000 for fiscal year 2022, to remain available until expended.''. SEC. 5. NATIONAL HEALTH CARE WORKFORCE COMMISSION. The National Health Care Workforce Commission established under section 5101 of the Patient Protection and Affordable Care Act (42 U.S.C. 294q) shall-- (1) not later than 180 days after the date of enactment of this Act, pursuant to subsection (d)(4) of such section 5101, designate as a ``high priority area'' the current and projected workforce needs of assisted living and other senior care settings that attend to the care of the senior population; and (2) not later than 1 year after finalizing such designation, submit a report pursuant to subsection (d)(2)(D) of such section 5101 to the Congress and the Administration containing a review of, and recommendations on, such high priority area. <all>

SENIOR Act of 2022

To amend the Public Health Service Act to sustain senior congregate care operations in the wake of ongoing COVID-19 financial burdens, and for other purposes.

SENIOR Act of 2022 Safeguarding Elderly Needs for Infrastructure and Occupational Resources Act of 2022

Rep. Trahan, Lori

D

MA

This bill requires the Department of Health and Human Services (HHS) to award grants to assisted living facilities for health care expenses and lost revenue attributable to COVID-19 and other purposes. It also addresses matters related to the senior caregiver workforce. To receive a grant, an assisted living facility must demonstrate that it had uncompensated losses due to COVID-19 and consistently maintained operations from March 13, 2020, to December 31, 2020. A facility must also certify that the grant is necessary for its ongoing operations. HHS must also award grants to assisted living facilities for broadband connectivity and telehealth support and other operation and maintenance costs. The Government Accountability Office must report on the efficacy of these grants. With respect to the senior caregiver workforce, the bill authorizes grants for assisted living facilities to establish or expand workforce training and recruitment programs. The National Health Care Workforce Commission must also designate the workforce needs of assisted living and other senior care populations as a high priority area and report on those needs.

This Act may be cited as the ``Safeguarding Elderly Needs for Infrastructure and Occupational Resources Act of 2022'' or the ``SENIOR Act of 2022''. Nursing homes cost $8,821 per month (or $13.13 per hour based on 24/7 care). (14) An individual 85 years of age or older is 630 percent more likely to die of COVID-19. (17) The people of the United States are a compassionate people who are committed to protecting the most vulnerable in our society, and we should not jeopardize the financial underpinnings of the long-term care communities our Nation's senior citizens depend on day-in and day-out. 3. 399A-1. SENIOR CAREGIVER RELIEF ASSISTANCE. ``(B) Caregiver sustainability.--For costs of operating and maintaining the assisted living facility of the entity, including-- ``(i) for payments of principal or interest on any mortgage obligation in connection with the facility, but not including any prepayment of principal on such a mortgage obligation; ``(ii) for payments of rent for a facility, including rent under a lease agreement, but not including any prepayment of rent; ``(iii) for costs of activities to prevent, prepare for, and mitigate the presence of COVID-19 on facility premises, including costs of purchasing and installing equipment and supplies to disinfect the premises, support emergency management operations, and provide for associated staff-related expenses; ``(iv) for maintenance expenses for the facility for the purposes of COVID-19 mitigation and infection control, including construction to accommodate social distancing and other preventive measures, such as plexiglass barriers; ``(v) for costs of supplies for the facility, including protective equipment and cleaning materials; and ``(vi) for any other expenses that the Secretary determines to be essential to maintaining the facility. ``(2) The term `eligible entity' means an entity that is eligible under subsection (b) to be provided assistance under this section. ``(j) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000,000 for fiscal year 2022, to remain available until expended.''. 4. Part K of title III of the Public Health Service Act (42 U.S.C. 280c et seq.) ``(b) Amount; Duration.--A grant under this section shall be for-- ``(1) an amount of not more than $1,000,000; and ``(2) a term of not more than 4 years. ``(d) Application.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Reports.--Each recipient of a grant under this section shall submit reports and maintain documentation by such deadlines, in such form, and containing such content as the Secretary determines necessary to ensure compliance with the conditions of the grant. ``(2) Effect of exclusion.--An eligible entity shall not have a tax deduction denied, a tax attribute reduced, or any basis increased by reason of the exclusion from gross income pursuant to paragraph (1). SEC. 5. NATIONAL HEALTH CARE WORKFORCE COMMISSION.

H.R.6390

Energy

Electric Vehicle Charging Infrastructure for Farmers Act This bill authorizes the Department of Agriculture to provide financial assistance under the Rural Energy for America Program for electric vehicle supply equipment (e.g., power outlets) for light, medium, and heavy-duty vehicles.

To make financial assistance under the Rural Energy for America program available with respect to certain electric vehicle supply equipment expenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Vehicle Charging Infrastructure for Farmers Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The transition to electric vehicles is a critical step towards reducing global emissions. According to the United States Department of Energy, ``electric vehicles produce fewer emissions that contribute to climate change and smog than internal combustion vehicles''. (2) Nearly half of all people in the United States live in counties with unhealthy levels of ozone or particle pollution. Every year, more than 20,000 people in the United States die prematurely from pollution stemming from the transportation sector. (3) Demand for publicly accessible electric vehicle chargers continues to grow. The National Renewable Energy Laboratory estimates that by 2050, between 106,000 and 138,000 stations with 343,000 and 447,000 ports could be needed to meet consumer demand. (4) Travel by people who live in rural areas constitutes 68 percent of our Nation's lane miles, but such people represent only 19 percent of our Nation's population. The cost per mile traveled is lower for electric vehicles, saving rural drivers thousands of dollars over the lifetimes of their vehicles. SEC. 3. ELIGIBILITY OF ELECTRIC VEHICLE SUPPLY EQUIPMENT EXPENSES FOR FINANCIAL ASSISTANCE UNDER THE RURAL ENERGY FOR AMERICA PROGRAM. Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended by adding at the end the following: ``(g) Authority To Provide Financial Assistance With Respect to Certain Electric Vehicle Supply Equipment Expenses.-- ``(1) In general.--The Secretary may provide financial assistance in accordance with this section with respect to expenses for electric vehicle supply equipment for light-duty vehicles, for medium-duty vehicles, and for heavy-duty vehicles. ``(2) Definition.--In this subsection: ``(A) Electric vehicle supply equipment.--The term `electric vehicle supply equipment' means any conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, electrical equipment, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle or to a battery intended to be used in an electric vehicle. ``(B) Light-duty electric vehicle.--The term `light-duty electric vehicle' means a vehicle that-- ``(i) derives all of the power of the vehicle from electricity; and ``(ii) has a gross vehicle weight rating of less than 10,000 pounds. ``(C) Medium-duty electric vehicle.--The term `medium-duty electric vehicle' means a vehicle that-- ``(i) derives all of the power of the vehicle from electricity; and ``(ii) has a gross vehicle weight rating of-- ``(I) not less than 10,000 pounds; and ``(II) less than 26,000 pounds. ``(D) Heavy-duty electric vehicle.--The term `heavy-duty electric vehicle' means a vehicle that-- ``(i) derives all of the power of the vehicle from electricity; and ``(ii) has a gross vehicle weight rating of not less than 26,000 pounds.''. <all>

Electric Vehicle Charging Infrastructure for Farmers Act

To make financial assistance under the Rural Energy for America program available with respect to certain electric vehicle supply equipment expenses.

Electric Vehicle Charging Infrastructure for Farmers Act

Rep. Spanberger, Abigail Davis

D

VA

This bill authorizes the Department of Agriculture to provide financial assistance under the Rural Energy for America Program for electric vehicle supply equipment (e.g., power outlets) for light, medium, and heavy-duty vehicles.

To make financial assistance under the Rural Energy for America program available with respect to certain electric vehicle supply equipment expenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Vehicle Charging Infrastructure for Farmers Act''. 2. FINDINGS. The Congress finds the following: (1) The transition to electric vehicles is a critical step towards reducing global emissions. According to the United States Department of Energy, ``electric vehicles produce fewer emissions that contribute to climate change and smog than internal combustion vehicles''. (2) Nearly half of all people in the United States live in counties with unhealthy levels of ozone or particle pollution. Every year, more than 20,000 people in the United States die prematurely from pollution stemming from the transportation sector. (3) Demand for publicly accessible electric vehicle chargers continues to grow. The National Renewable Energy Laboratory estimates that by 2050, between 106,000 and 138,000 stations with 343,000 and 447,000 ports could be needed to meet consumer demand. (4) Travel by people who live in rural areas constitutes 68 percent of our Nation's lane miles, but such people represent only 19 percent of our Nation's population. The cost per mile traveled is lower for electric vehicles, saving rural drivers thousands of dollars over the lifetimes of their vehicles. SEC. 3. ELIGIBILITY OF ELECTRIC VEHICLE SUPPLY EQUIPMENT EXPENSES FOR FINANCIAL ASSISTANCE UNDER THE RURAL ENERGY FOR AMERICA PROGRAM. Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended by adding at the end the following: ``(g) Authority To Provide Financial Assistance With Respect to Certain Electric Vehicle Supply Equipment Expenses.-- ``(1) In general.--The Secretary may provide financial assistance in accordance with this section with respect to expenses for electric vehicle supply equipment for light-duty vehicles, for medium-duty vehicles, and for heavy-duty vehicles. ``(2) Definition.--In this subsection: ``(A) Electric vehicle supply equipment.--The term `electric vehicle supply equipment' means any conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, electrical equipment, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle or to a battery intended to be used in an electric vehicle. ``(B) Light-duty electric vehicle.--The term `light-duty electric vehicle' means a vehicle that-- ``(i) derives all of the power of the vehicle from electricity; and ``(ii) has a gross vehicle weight rating of less than 10,000 pounds. ``(D) Heavy-duty electric vehicle.--The term `heavy-duty electric vehicle' means a vehicle that-- ``(i) derives all of the power of the vehicle from electricity; and ``(ii) has a gross vehicle weight rating of not less than 26,000 pounds.''.

H.R.1636

Government Operations and Politics

Postal Vehicle Modernization Act This bill establishes requirements for U.S. Postal Service (USPS) vehicle purchases and charging stations. The bill's provisions only apply if specified funding is appropriated. Specifically, the bill requires the USPS to ensure that at least 75% of the total number of next generation delivery vehicles purchased using such funds are electric or zero-emission vehicles. The bill provides for a phase-out of medium- and heavy-duty vehicles that are not electric or zero-emission vehicles. The USPS must provide by January 1, 2026, at each postal facility accessible to the public, at least one electric vehicle charging station for use by the public or USPS officers and employees.

To authorize funding for the purchase of electric or zero-emission vehicles for United States Postal Service fleet, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Vehicle Modernization Act''. SEC. 2. AUTHORIZATION OF APPROPRIATION FOR UNITED STATES POSTAL SERVICE FOR MODERNIZATION OF POSTAL VEHICLES. There is authorized to be appropriated to the United States Postal Service for the purchase of delivery vehicles, to remain available until expended, $6,000,000,000. Any amount appropriated under this section shall be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code. SEC. 3. ELECTRIC OR ZERO-EMISSION VEHICLES FOR UNITED STATES POSTAL SERVICE FLEET. (a) In General.--Any next generation delivery vehicle purchased by the United States Postal Service using the funds appropriated under section 2 shall, to the greatest extent practicable, be an electric or zero-emission vehicle, and the Postal Service shall ensure that at least 75 percent of the total number of vehicles purchased using such funds shall be electric or zero emission vehicles. In this subsection, the term ``next generation delivery vehicle'' means a vehicle purchased to replace a right-hand-drive, long-life vehicle in use by the Postal Service. (b) Medium- and Heavy-Duty Vehicles.-- (1) Date of enactment and 2030.--Between the period beginning on the date of enactment of this Act and ending on December 31, 2029, not less than 50 percent of the total number of new medium- or heavy-duty vehicles purchased by the Postal Service during such period shall be electric or zero-emission vehicles. (2) After 2039.--Beginning on January 1, 2040, the Postal Service may not purchase any new medium- or heavy-duty vehicle that is not an electric or zero-emission vehicle. (c) Compliance.--In carrying out subsections (a) and (b), the Postal Service shall comply with chapter 83 of title 41, United States Code (popularly known as the Buy American Act), and any applicable Federal labor or civil rights laws. (d) Charging Stations.-- (1) In general.--Not later than January 1, 2026, the Postal Service shall provide, at each postal facility accessible to the public, not less than one electric vehicle charging station for use by the public or officers and employees of the Postal Service. (2) Fleet operation.--The Postal Service shall ensure that adequate charging stations are available at Postal Service facilities to keep the Postal Service fleet operational. (e) Plan and Update.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit a plan to carry out this section to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. The Postmaster General shall submit an update and progress report on implementing such plan to such committees not less than once every 2 years beginning on the date the plan is submitted under the previous sentence and ending on the day that is 6 years after such date. (f) Contingent on Appropriation.--The requirements of subsections (a) through (e) of this section shall not apply unless the funds authorized for vehicles under section 2 are appropriated. (g) Sense of Congress.--It is the sense of Congress that, as the Postal Service replaces or upgrades its fleet of delivery vehicles, the Postal Service should take all reasonable steps to ensure that its vehicles are equipped with climate control units to protect the health and safety of its mail carriers, especially those working in areas of the country that are subject to extreme temperatures. <all>

Postal Vehicle Modernization Act

To authorize funding for the purchase of electric or zero-emission vehicles for United States Postal Service fleet, and for other purposes.

Postal Vehicle Modernization Act

Rep. Huffman, Jared

D

CA

This bill establishes requirements for U.S. Postal Service (USPS) vehicle purchases and charging stations. The bill's provisions only apply if specified funding is appropriated. Specifically, the bill requires the USPS to ensure that at least 75% of the total number of next generation delivery vehicles purchased using such funds are electric or zero-emission vehicles. The bill provides for a phase-out of medium- and heavy-duty vehicles that are not electric or zero-emission vehicles. The USPS must provide by January 1, 2026, at each postal facility accessible to the public, at least one electric vehicle charging station for use by the public or USPS officers and employees.

SHORT TITLE. 2. AUTHORIZATION OF APPROPRIATION FOR UNITED STATES POSTAL SERVICE FOR MODERNIZATION OF POSTAL VEHICLES. There is authorized to be appropriated to the United States Postal Service for the purchase of delivery vehicles, to remain available until expended, $6,000,000,000. SEC. 3. (a) In General.--Any next generation delivery vehicle purchased by the United States Postal Service using the funds appropriated under section 2 shall, to the greatest extent practicable, be an electric or zero-emission vehicle, and the Postal Service shall ensure that at least 75 percent of the total number of vehicles purchased using such funds shall be electric or zero emission vehicles. In this subsection, the term ``next generation delivery vehicle'' means a vehicle purchased to replace a right-hand-drive, long-life vehicle in use by the Postal Service. (2) After 2039.--Beginning on January 1, 2040, the Postal Service may not purchase any new medium- or heavy-duty vehicle that is not an electric or zero-emission vehicle. (c) Compliance.--In carrying out subsections (a) and (b), the Postal Service shall comply with chapter 83 of title 41, United States Code (popularly known as the Buy American Act), and any applicable Federal labor or civil rights laws. (d) Charging Stations.-- (1) In general.--Not later than January 1, 2026, the Postal Service shall provide, at each postal facility accessible to the public, not less than one electric vehicle charging station for use by the public or officers and employees of the Postal Service. (2) Fleet operation.--The Postal Service shall ensure that adequate charging stations are available at Postal Service facilities to keep the Postal Service fleet operational. (e) Plan and Update.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit a plan to carry out this section to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. The Postmaster General shall submit an update and progress report on implementing such plan to such committees not less than once every 2 years beginning on the date the plan is submitted under the previous sentence and ending on the day that is 6 years after such date. (f) Contingent on Appropriation.--The requirements of subsections (a) through (e) of this section shall not apply unless the funds authorized for vehicles under section 2 are appropriated. (g) Sense of Congress.--It is the sense of Congress that, as the Postal Service replaces or upgrades its fleet of delivery vehicles, the Postal Service should take all reasonable steps to ensure that its vehicles are equipped with climate control units to protect the health and safety of its mail carriers, especially those working in areas of the country that are subject to extreme temperatures.

H.R.7301

Health

Protecting Survivors from Traumatic Brain Injury Act of 2022 This bill requires the Department of Health and Human Services to collect and analyze data about brain injuries resulting from domestic and sexual violence and publish its findings.

To protect survivors from brain injury by authorizing the Secretary of Health and Human Services to collect data on the prevalence of brain injuries resulting from domestic and sexual violence. Be it enacted by the Senate 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 Survivors from Traumatic Brain Injury Act of 2022''. SEC. 2. DATA COLLECTION. (a) Collection of Data on Brain Injuries Related to Domestic and Sexual Violence.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall collect data on the prevalence of brain injuries resulting from domestic and sexual violence in order to assist the Department in understanding, addressing, and allocating resources to reduce and treat such injuries and the cause of such injuries. (2) Collection.--In carrying out paragraph (1), the Secretary shall distribute a survey that follows up on, and operates under the National Intimate Partner and Sexual Violence Survey (NISVS) that will ask questions about the prevalence and circumstances surrounding brain injuries due to domestic and sexual violence. The Secretary shall allow for data collection for not fewer than 2 years. (3) Privacy.--Data shall be collected, stored, and analyzed under this section in a manner that protects individual privacy and confidentiality. (b) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to relevant congressional committees, and post on the website of the Department of Health and Human Services, a report that shall contain-- (1) an analysis of the data collected under subsection (a) relating to the connection between domestic and sexual violence and brain injuries; and (2) a description of the steps that the Department of Health and Human Services is taking to increase awareness, increase services, decrease prevalence, and otherwise respond to the public health issue of brain injury that results from domestic and sexual violence. (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated under this subsection shall remain available for a 3-year period. (d) Definition.--In this section, the term ``brain injury'' means an injury that impacts the function of the brain as a result of trauma, choking, or strangulation due to domestic or sexual violence. <all>

Protecting Survivors from Traumatic Brain Injury Act of 2022

To protect survivors from brain injury by authorizing the Secretary of Health and Human Services to collect data on the prevalence of brain injuries resulting from domestic and sexual violence.

Protecting Survivors from Traumatic Brain Injury Act of 2022

Rep. Pascrell, Bill, Jr.

D

NJ

This bill requires the Department of Health and Human Services to collect and analyze data about brain injuries resulting from domestic and sexual violence and publish its findings.

To protect survivors from brain injury by authorizing the Secretary of Health and Human Services to collect data on the prevalence of brain injuries resulting from domestic and sexual violence. Be it enacted by the Senate 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 Survivors from Traumatic Brain Injury Act of 2022''. SEC. 2. DATA COLLECTION. (a) Collection of Data on Brain Injuries Related to Domestic and Sexual Violence.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall collect data on the prevalence of brain injuries resulting from domestic and sexual violence in order to assist the Department in understanding, addressing, and allocating resources to reduce and treat such injuries and the cause of such injuries. (2) Collection.--In carrying out paragraph (1), the Secretary shall distribute a survey that follows up on, and operates under the National Intimate Partner and Sexual Violence Survey (NISVS) that will ask questions about the prevalence and circumstances surrounding brain injuries due to domestic and sexual violence. The Secretary shall allow for data collection for not fewer than 2 years. (3) Privacy.--Data shall be collected, stored, and analyzed under this section in a manner that protects individual privacy and confidentiality. (b) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to relevant congressional committees, and post on the website of the Department of Health and Human Services, a report that shall contain-- (1) an analysis of the data collected under subsection (a) relating to the connection between domestic and sexual violence and brain injuries; and (2) a description of the steps that the Department of Health and Human Services is taking to increase awareness, increase services, decrease prevalence, and otherwise respond to the public health issue of brain injury that results from domestic and sexual violence. (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated under this subsection shall remain available for a 3-year period. (d) Definition.--In this section, the term ``brain injury'' means an injury that impacts the function of the brain as a result of trauma, choking, or strangulation due to domestic or sexual violence. <all>

S.348

Immigration

U.S. Citizenship Act This bill establishes a path to citizenship for certain undocumented individuals. The bill also replaces the term alien with noncitizen in the immigration statutes and addresses other related issues. Specifically, the bill establishes a new status of lawful prospective immigrant. This status shall be available to an applying noncitizen who meets certain requirements, including being continually present in the United States from January 1, 2021, and passing background checks. After at least five years with this status, an eligible noncitizen may apply for and receive permanent resident status. The bill also provides permanent resident status to certain applying noncitizens, specifically for eligible noncitizens who (1) entered the United States as a minor, (2) were eligible for temporary protected status or deferred enforced departure on January 1, 2017, or (3) worked a certain amount of agricultural labor in the five years prior to applying. Among other things, the bill also

To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other 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 ``U.S. Citizenship Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Terminology with respect to noncitizens. TITLE I--EARNED PATH TO CITIZENSHIP AND OTHER REFORMS Subtitle A--Earned Path to Citizenship Sec. 1101. Lawful prospective immigrant status. Sec. 1102. Adjustment of status of lawful prospective immigrants. Sec. 1103. The Dream Act. Sec. 1104. The American Promise Act. Sec. 1105. The Agricultural Workers Adjustment Act. Sec. 1106. General provisions relating to adjustment of status. Subtitle B--Other Reforms Sec. 1201. V nonimmigrant visas. Sec. 1202. Expungement and sentencing. Sec. 1203. Petty offenses. Sec. 1204. Restoring fairness to adjudications. Sec. 1205. Judicial review. Sec. 1206. Modifications to naturalization provisions. Sec. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 1208. Government contracting and acquisition of real property interest. Sec. 1209. Conforming amendments to the Social Security Act. TITLE II--ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY MANAGING THE SOUTHERN BORDER Sec. 2001. Definitions. Subtitle A--Promoting the Rule of Law, Security, and Economic Development in Central America Sec. 2101. United States Strategy for Engagement in Central America. Sec. 2102. Securing support of international donors and partners. Sec. 2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance. Sec. 2104. Combating criminal violence and improving citizen security. Sec. 2105. Combating sexual, gender-based, and domestic violence. Sec. 2106. Tackling extreme poverty and advancing economic development. Sec. 2107. Authorization of appropriations for United States Strategy for Engagement in Central America. Subtitle B--Addressing Migration Needs by Strengthening Regional Humanitarian Responses for Refugees and Asylum Seekers in the Western Hemisphere and Strengthening Repatriation Initiatives Sec. 2201. Expanding refugee and asylum processing in the Western Hemisphere. Sec. 2202. Further strengthening regional humanitarian responses in the Western Hemisphere. Sec. 2203. Information campaign on dangers of irregular migration. Sec. 2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. Sec. 2205. Registration and intake. Sec. 2206. Central American Refugee Program. Sec. 2207. Central American Minors Program. Sec. 2208. Central American Family Reunification Parole Program. Sec. 2209. Informational campaign; case status hotline. Subtitle C--Managing the Border and Protecting Border Communities Sec. 2301. Expediting legitimate trade and travel at ports of entry. Sec. 2302. Deploying smart technology at the southern border. Sec. 2303. Independent oversight on privacy rights. Sec. 2304. Training and continuing education. Sec. 2305. GAO study of waiver of environmental and other laws. Sec. 2306. Establishment of Border Community Stakeholder Advisory Committee. Sec. 2307. Rescue beacons. Sec. 2308. Use of force. Sec. 2309. Office of Professional Responsibility. Subtitle D--Improving Border Infrastructure for Families and Children; Cracking Down on Criminal Organizations Sec. 2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody. Sec. 2402. Child welfare at the border. Sec. 2403. Office of Inspector General oversight. Sec. 2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. Sec. 2405. Enhanced penalties for organized smuggling schemes. Sec. 2406. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 2407. Support for transnational anti-gang task forces for countering criminal gangs. Sec. 2408. Hindering immigration, border, and customs controls. TITLE III--REFORM OF THE IMMIGRANT VISA SYSTEM Subtitle A--Promoting Family Reunification Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Sec. 3103. Adjustment of family-sponsored per-country limits. Sec. 3104. Promoting family unity. Sec. 3105. Relief for orphans, widows, and widowers. Sec. 3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines. Sec. 3107. Fiancee or fiance child status protection. Sec. 3108. Retention of priority dates. Sec. 3109. Inclusion of permanent partners. Sec. 3110. Definition of child. Sec. 3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper. Sec. 3112. Nationality at birth. Subtitle B--National Origin-Based Antidiscrimination for Nonimmigrants Sec. 3201. Expansion of nondiscrimination provision. Sec. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens. Subtitle C--Diversity Immigrants Sec. 3301. Increasing diversity visas. Subtitle D--Reforming Employment-Based Immigration Sec. 3401. Doctoral STEM graduates from accredited United States universities. Sec. 3402. Addressing visa backlogs. Sec. 3403. Eliminating employment-based per country levels. Sec. 3404. Increased immigrant visas for other workers. Sec. 3405. Flexible adjustments to employment-based immigrant visa program. Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. Sec. 3407. Wage-based consideration of temporary workers. Sec. 3408. Clarifying dual intent for postsecondary students. Sec. 3409. H-4 visa reform. Sec. 3410. Extensions related to pending petitions. Subtitle E--Promoting Immigrant and Refugee Integration Sec. 3501. Definition of Foundation. Sec. 3502. United States Citizenship and Integration Foundation. Sec. 3503. Pilot program to promote immigrant integration at State and local levels. Sec. 3504. English as a Gateway to Integration grant program. Sec. 3505. Workforce Development and Shared Prosperity grant program. Sec. 3506. Existing citizenship education grants. Sec. 3507. Grant program to assist eligible applicants. Sec. 3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries. Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immigrants. Sec. 3510. Waiver of English requirement for senior new Americans. Sec. 3511. Naturalization for certain United States high school graduates. Sec. 3512. Naturalization ceremonies. Sec. 3513. National citizenship promotion program. Sec. 3514. Authorization of appropriations for Foundation and pilot program. TITLE IV--IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS Subtitle A--Promoting Efficient Processing of Asylum Seekers, Addressing Immigration Court Backlogs, and Efficiently Repatriating Migrants Ordered Removed Sec. 4101. Expanding alternatives to detention. Sec. 4102. Eliminating immigration court backlogs. Sec. 4103. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 4104. New technology to improve court efficiency. Sec. 4105. Court appearance compliance and legal orientation. Sec. 4106. Improving court efficiency and reducing costs by increasing access to legal information. Sec. 4107. Facilitating safe and efficient repatriation. Subtitle B--Protecting Family Values and Monitoring and Caring for Unaccompanied Noncitizen Children After Arrival Sec. 4201. Definition of local educational agency. Sec. 4202. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 4203. Funding to school districts for unaccompanied noncitizen children. Sec. 4204. School enrollment. Subtitle C--Admission and Protection of Refugees, Asylum Seekers, and Other Vulnerable Individuals Sec. 4301. Elimination of time limits on asylum applications. Sec. 4302. Increasing annual numerical limitation on U visas. Sec. 4303. Employment authorization for asylum seekers and other individuals. Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA. Sec. 4305. Alternatives to detention. Sec. 4306. Notification of proceedings. Sec. 4307. Conversion of certain petitions. Sec. 4308. Improvements to application process for Afghan special immigrant visas. Sec. 4309. Special immigrant status for certain surviving spouses and children. Sec. 4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria. Sec. 4311. Authorization of appropriations. TITLE V--EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM EXPLOITATION Sec. 5101. Commission on Employment Authorization. Sec. 5102. Power Act. Sec. 5103. Additional civil penalty. Sec. 5104. Continued application of workforce and labor protection remedies. Sec. 5105. Prohibition on discrimination based on national origin or citizenship status. Sec. 5106. Fairness for farmworkers. Sec. 5107. Protections for migrant and seasonal laborers. Sec. 5108. Directive to the United States Sentencing Commission. Sec. 5109. Labor Law Enforcement Fund. SEC. 2. DEFINITIONS. In this Act: (1) In general.--Any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Immigration laws.--The term ``immigration laws'' has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. TERMINOLOGY WITH RESPECT TO NONCITIZENS. (a) Immigration and Nationality Act.-- (1) In general.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (A) in section 101(a) (8 U.S.C. 1101(a))-- (i) by striking paragraph (3) and inserting the following: ``(3) Noncitizen.--The term `noncitizen' means any person not a citizen or national of the United States.''; and (ii) by adding at the end the following: ``(53) Noncitizenship.--The term `noncitizenship' means the condition of being a noncitizen.''; (B) by striking ``an alien'' each place it appears and inserting ``a noncitizen''; (C) by striking ``An alien'' each place it appears and inserting ``A noncitizen''; (D) by striking ``alien'' each place it appears and inserting ``noncitizen''; (E) by striking ``aliens'' each place it appears and inserting ``noncitizens''; (F) by striking ``alien's'' each place it appears and inserting ``noncitizen's''; and (G) by striking ``alienage'' each place it appears and inserting ``noncitizenship''. (2) Headings.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (A) in the title and chapter headings-- (i) by striking ``ALIEN'' each place it appears and inserting ``NONCITIZEN''; and (ii) by striking ``ALIENS'' each place it appears and inserting ``NONCITIZENS''; (B) in the section headings-- (i) by striking ``alien'' each place it appears and inserting ``noncitizen''; (ii) by striking ``aliens'' each place it appears and inserting ``noncitizens''; and (iii) by striking ``alienage'' each place it appears and inserting ``noncitizenship''; (C) in the subsection headings-- (i) by striking ``Alien'' each place it appears and inserting ``Noncitizen''; and (ii) by striking ``Aliens'' each place it appears and inserting ``Noncitizens''; and (D) in the paragraph, subparagraph, clause, subclause, item, and subitem headings-- (i) by striking ``Alien'' each place it appears and inserting ``Noncitizen''; (ii) by striking ``alien'' each place it appears and inserting ``noncitizen''; (iii) by striking ``Aliens'' each place it appears and inserting ``Noncitizens''; and (iv) by striking ``aliens'' each place it appears and inserting ``noncitizens''. (3) Table of contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (A) by striking the item relating to title V and inserting the following: ``TITLE V--NONCITIZEN TERRORIST REMOVAL PROCEDURES''; and (B) in the items relating to the chapters and sections-- (i) by striking ``Alien'' each place it appears and inserting ``Noncitizen''; (ii) by striking ``Aliens'' each place it appears and inserting ``Noncitizens''; (iii) by striking ``alien'' each place it appears and inserting ``noncitizen''; (iv) by striking ``aliens'' each place it appears and inserting ``noncitizens''; and (v) by striking ``alienage'' each place it appears and inserting ``noncitizenship''. (b) Unaccompanied Noncitizen Children.--Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended by striking ``alien'' each place it appears and inserting ``noncitizen''. (c) References to Aliens.--With respect to a person who is not a citizen or national of the United States, any reference in Federal law, Federal regulation, or any written instrument issued by the executive branch of the Government to an alien shall be deemed to refer to a noncitizen (as defined in section 101(a) of the Immigration and Nationality Act, as amended by subsection (a)(1)). TITLE I--EARNED PATH TO CITIZENSHIP AND OTHER REFORMS Subtitle A--Earned Path to Citizenship SEC. 1101. LAWFUL PROSPECTIVE IMMIGRANT STATUS. (a) In General.--Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following: ``SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS TO THAT OF LAWFUL PROSPECTIVE IMMIGRANT. ``(a) Requirements.--Notwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who-- ``(1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and ``(2) submits an application pursuant to the procedures under section 245G(b)(1). ``(b) Spouses and Children.--The requirement in paragraph (2) subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. ``(c) Duration of Status and Extension.--The initial period of authorized admission for a lawful prospective immigrant-- ``(1) shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and ``(2) may be extended for additional 6-year terms if-- ``(A) the noncitizen remains eligible for lawful prospective immigrant status; ``(B) the noncitizen has successfully passed the background checks described in section 245G(d)(3); and ``(C) such status was not revoked by the Secretary. ``(d) Evidence of Lawful Prospective Immigrant Status.-- ``(1) In general.--The Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. ``(2) Documentation features.--Documentary evidence issued under paragraph (1) shall-- ``(A) comply with the requirements of section 245G(g)(3)(C); and ``(B) specify a period of validity of 6 years beginning on the date of issuance. ``(e) Terms and Conditions of Lawful Prospective Immigrant Status.-- ``(1) In general.--A noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen-- ``(A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; ``(B) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of that section; ``(C) shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071); and ``(D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. ``(2) Eligibility for coverage under a qualified health plan.--Notwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(f)(3)), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. ``(3) Employment.--Notwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. ``(4) Travel outside the united states.--A lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if-- ``(A) the lawful prospective immigrant is in possession of-- ``(i) valid, unexpired documentary evidence of lawful prospective immigrant status; or ``(ii) a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant's original documentary evidence was lost, stolen, or destroyed; ``(B) the lawful prospective immigrant's absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless-- ``(i) the lawful prospective immigrant's absences were authorized by the Secretary; or ``(ii) the lawful prospective immigrant's failure to timely return was due to circumstances beyond the noncitizen's control; ``(C) the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and ``(D) the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3). ``(5) Assignment of social security number.-- ``(A) In general.--The Commissioner of Social Security (referred to in this paragraph as the `Commissioner'), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. ``(B) Information sharing.-- ``(i) In general.--The Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. ``(ii) Use of information.--The Commissioner may use information received from the Secretary under this subparagraph-- ``(I) to assign Social Security account numbers to lawful prospective immigrants; and ``(II) to administer the programs of the Social Security Administration. ``(iii) Limitation.--The Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law.''. (b) Enlistment in the Armed Forces.--Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: ``(D) A noncitizen who has been granted lawful prospective immigrant status under section 245B of the Immigration and Nationality Act.''. (c) Technical and Conforming Amendments.-- (1) Table of contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 245A the following: ``Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant.''. (2) Definition of lawful prospective immigrant.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by section 3, is further amended by adding at the end the following: ``(54) Lawful Prospective Immigrant.--The term `lawful prospective immigrant' means a noncitizen granted lawful prospective immigrant status under section 245B.''. SEC. 1102. ADJUSTMENT OF STATUS OF LAWFUL PROSPECTIVE IMMIGRANTS. (a) In General.--Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1101, is further amended by inserting after section 245B the following: ``SEC. 245C. ADJUSTMENT OF STATUS OF LAWFUL PROSPECTIVE IMMIGRANTS. ``(a) Requirements.--Notwithstanding any other provision of law, the Secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant-- ``(1) subject to subsection (b), satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; ``(2) submits an application pursuant to the procedures under section 245G(b)(1); ``(3) has been a lawful prospective immigrant for not less than 5 years; ``(4) remains eligible for such status; ``(5) establishes, to the satisfaction of the Secretary, that the lawful prospective immigrant has not been continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a lawful prospective immigrant, unless the lawful prospective immigrant's absence was-- ``(A) authorized by the Secretary; or ``(B) due to circumstances beyond the lawful prospective immigrant's control; and ``(6) has satisfied any applicable Federal tax liability. ``(b) Previous Waivers.--For purposes of this section, any ground of inadmissibility under section 212(a) that was previously waived for a noncitizen, or made inapplicable under any section of this Act, shall not apply. ``(c) Demonstration of Compliance.--An applicant may demonstrate compliance with subsection (a)(6) by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury. ``(d) Applicable Federal Tax Liability Defined.--In this section, the term `applicable Federal tax liability' means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.''. (b) Technical and Conforming Amendments.-- (1) Table of contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 1101, is further amended by inserting after the item relating to section 245B the following: ``Sec. 245C. Adjustment of status of lawful prospective immigrants.''. (2) Definition of lawful permanent resident.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by section 1101, is further amended by adding at the end the following: ``(55) Lawful Permanent Resident.--The term `lawful permanent resident' means a noncitizen lawfully admitted for permanent residence.''. SEC. 1103. THE DREAM ACT. (a) In General.--Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1102, is further amended by inserting after section 245C the following: ``SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN NONCITIZENS WHO ENTERED THE UNITED STATES AS CHILDREN. ``(a) Requirements.--Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen-- ``(1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; ``(2) submits an application pursuant to the procedures under section 245G(b)(1); ``(3) was younger than 18 years of age on the date on which the noncitizen initially entered the United States; ``(4) has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; ``(5)(A) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor's degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; ``(B) has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or ``(C) demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and ``(6) establishes that the noncitizen has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the noncitizen is subject to registration under that Act. ``(b) Waiver.--The Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement. ``(c) Spouses and Children.--The requirements in paragraphs (2) through (6) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. ``(d) Special Procedure for Applicants With DACA.--The Secretary shall establish a streamlined procedure for noncitizens who-- ``(1) have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children' issued on June 15, 2012 (referred to in this section as `DACA'); and ``(2) meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident. ``(e) Treatment of Individuals Granted DACA and Individuals Who Adjust Status Under This Section.-- ``(1) Pre-existing condition insurance plan program.--The interim final rule of the Department of Health and Human Services entitled `Pre-Existing Condition Insurance Plan Program' (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. ``(2) Applicable definition of lawfully present.--In determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act (42 U.S.C. 1396b(v)(4)), the definition of `lawfully present' under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. ``(3) Inapplicability of limitation on federal means-tested public benefits.-- ``(A) In general.--Notwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) shall not apply to an individual who adjusts status under this section. ``(B) Exception.--The limitation described in subparagraph (A) shall apply to an individual who was eligible to adjust status only by virtue of subsection (c). ``(f) Institution of Higher Education Defined.--In this section, the term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include institutions described in subsection (a)(1)(C) of such section.''. (b) Compensation for Officers or Employees of the United States.-- Section 704 of title VII of division E of the Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 588) is amended-- (1) in paragraph (3), by striking ``; or'' and inserting a semicolon; and (2) in paragraph (4), by inserting ``; or (5) is a person who is employed by the House of Representatives or the Senate, and has been issued an employment authorization document under DACA'' after ``United States''. (c) Restoration of State Option To Determine Residency for Purposes of Higher Education.-- (1) Repeal.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed. (2) Effective date.--The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208). (d) Federal Housing Administration Insurance of Mortgages.--Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by inserting after subsection (h) the following: ``(i) DACA Recipient Eligibility.-- ``(1) DACA recipient defined.--In this subsection, the term `DACA recipient' means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children' issued on June 15, 2012. ``(2) Prohibition.--The Secretary may not-- ``(A) prescribe terms that limit the eligibility of a single family mortgage for insurance under this title because of the status of the mortgagor as a DACA recipient; or ``(B) issue any limited denial of participation in the program for such insurance because of the status of the mortgagor as a DACA recipient. ``(3) Exemption.-- ``(A) Denial for failure to satisfy valid eligibility requirements.--Nothing in this title prohibits the denial of insurance based on failure to satisfy valid eligibility requirements. ``(B) Invalid eligibility requirements.--Valid eligibility requirements do not include criteria that were adopted with the purpose of denying eligibility for insurance because of race, color, religion, sex, familial status, national origin, disability, or the status of a mortgagor as a DACA recipient.''. (e) Rural Housing Service.--Section 501 of the Housing Act of 1949 (42 U.S.C. 1471) is amended by adding at the end the following: ``(k) DACA Recipient Eligibility.-- ``(1) DACA recipient defined.--In this subsection, the term `DACA recipient' means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children' issued on June 15, 2012. ``(2) Prohibition.--The Secretary may not prescribe terms that limit eligibility for a single family mortgage made, insured, or guaranteed under this title because of the status of the mortgagor as a DACA recipient.''. (f) Fannie Mae.--Section 302(b) of the National Housing Act (12 U.S.C. 1717(b)) is amended by adding at the end the following: ``(8) DACA recipient eligibility.-- ``(A) DACA recipient defined.--In this paragraph, the term `DACA recipient' means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children' issued on June 15, 2012. ``(B) Prohibition.--The corporation may not condition purchase of a single-family residence mortgage by the corporation under this subsection on the status of the borrower as a DACA recipient.''. (g) Freddie Mac.--Section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following: ``(6) DACA recipient eligibility.-- ``(A) DACA recipient defined.--In this paragraph, the term `DACA recipient' means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children' issued on June 15, 2012. ``(B) Prohibition.--The Corporation may not condition purchase of a single-family residence mortgage by the Corporation under this subsection on the status of the borrower as a DACA recipient.''. (h) Technical and Conforming Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 1102, is further amended by inserting after the item relating to section 245C the following: ``Sec. 245D. Adjustment of status for certain noncitizens who entered the United States as children.''. SEC. 1104. THE AMERICAN PROMISE ACT. (a) Adjustment of Status for Certain Nationals of Certain Countries Designated for Temporary Protected Status or Deferred Enforced Departure.--Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1103, is further amended by inserting after section 245D the following: ``SEC. 245E. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE. ``(a) Requirements.--Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen-- ``(1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; ``(2) submits an application pursuant to the procedures under section 245G(b)(1); ``(3) subject to section 245G(b)(3)(B)(ii), has been continuously physically present in the United States since January 1, 2017; and ``(4)(A) is a national of a foreign state (or a part thereof), or in the case of a noncitizen having no nationality, is a person who last habitually resided in such foreign state, with a designation under section 244(b) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of that section; or ``(B) was eligible for deferred enforced departure as of January 1, 2017. ``(b) Spouses and Children.--The requirements of paragraphs (2) through (4) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection (a).''. (b) Clarification of Inspection and Admission Under Temporary Protected Status.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (1) in section 244(f)(4) (8 U.S.C. 1254a(f)(4)), by inserting ``as having been inspected and admitted to the United States'' after ``considered''; and (2) in section 245(c) (8 U.S.C. 1255(c)), in the matter preceding paragraph (1), by inserting ``or a noncitizen granted temporary protected status under section 244'' after ``self- petitioner''. (c) Technical and Conforming Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 1103, is further amended by inserting after the item relating to section 245D the following: ``Sec. 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure.''. SEC. 1105. THE AGRICULTURAL WORKERS ADJUSTMENT ACT. (a) In General.--Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1104, is further amended by inserting after section 245E the following: ``SEC. 245F. ADJUSTMENT OF STATUS FOR AGRICULTURAL WORKERS. ``(a) Requirements.--Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if-- ``(1) the noncitizen satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and ``(2) submits an application pursuant to the procedures under section 245G(b)(1); and ``(3) the Secretary determines that, during the 5-year period immediately preceding the date on which the noncitizen submits an application under this section, the noncitizen performed agricultural labor or services for at least 2,300 hours or 400 work days. ``(b) Spouses and Children.--The requirements of paragraph (3) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection. ``(c) Agricultural Labor or Services Defined.--In this section, the term `agricultural labor or services' means-- ``(1) agricultural labor or services (within the meaning of the term in section 101(a)(15)(H)(ii)), without regard to whether the labor or services are of a seasonal or temporary nature; and ``(2) agricultural employment (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)), without regard to whether the specific service or activity is temporary or seasonal.''. (b) Technical and Conforming Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 1104, is further amended by inserting after the item relating to section 245E the following: ``Sec. 245F. Adjustment of status for agricultural workers.''. SEC. 1106. GENERAL PROVISIONS RELATING TO ADJUSTMENT OF STATUS. (a) In General.--Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1105, is further amended by inserting after section 245E the following: ``SEC. 245G. GENERAL PROVISIONS RELATING TO ADJUSTMENT OF STATUS. ``(a) Applicability.--Unless otherwise specified, the provisions of this section shall apply to sections 245B, 245C, 245D, 245E, and 245F. ``(b) Common Eligibility Requirements for Applications Under Sections 245B, 245C, 245D, 245E, and 245F.--Unless otherwise specified, a noncitizen applying for status under section 245B, 245C, 245D, 245E, or 245F shall satisfy the following requirements: ``(1) Submittal of application.--The noncitizen shall submit a completed application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(2) Payment of fees.-- ``(A) In general.--A noncitizen who is 18 years of age or older shall pay to the Department of Homeland Security a processing fee in an amount determined by the Secretary. ``(B) Recovery of costs.--The processing fee referred to in subparagraph (A) shall be set at a level sufficient to recover the cost of processing the application. ``(C) Authority to limit fees.--The Secretary may-- ``(i) limit the maximum processing fee payable under this paragraph by a family; and ``(ii) for good cause, exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph. ``(D) Deposit.--Fees collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). ``(3) Physical presence.-- ``(A) Date of submittal of application.--The noncitizen shall be physically present in the United States on the date on which the application is submitted. ``(B) Continuous physical presence.-- ``(i) In general.--Except as provided in clause (ii), the noncitizen shall have been continuously physically present in the United States beginning on January 1, 2021, and ending on the date on which the application is approved. ``(ii) Exceptions.-- ``(I) Authorized absence.--A noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. ``(II) Brief, casual, and innocent absences.-- ``(aa) In general.--A noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the noncitizen's absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. ``(bb) Absences more than 180 days.--For purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the noncitizen's control, including the serious illness of the noncitizen, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the noncitizen, or due to international travel restrictions. ``(iii) Effect of notice to appear.-- Issuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a noncitizen's continuous physical presence in the United States. ``(4) Waiver for noncitizens previously removed.-- ``(A) In general.--With respect to a noncitizen who was removed from or who departed the United States on or after January 20, 2017, and who was continuously physically present in the United States for not fewer than 3 years immediately preceding the date on which the noncitizen was removed or departed, the Secretary may waive, for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest, the application of-- ``(i) paragraph (3)(A); and ``(ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2021, subsection (c)(3). ``(B) Application procedure.--The Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure. ``(c) Grounds for Ineligibility.-- ``(1) Certain grounds of inadmissibility.-- ``(A) In general.--Subject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen-- ``(i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); ``(ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or ``(iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen's immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. ``(B) Waivers.-- ``(i) In general.--For purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest-- ``(I) waive inadmissibility under-- ``(aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and ``(bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; ``(II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10- year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and ``(III) for purposes of subparagraph (A)(iii), waive consideration of-- ``(aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or ``(bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. ``(ii) Considerations.--In making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including-- ``(I) the severity of the underlying circumstances, conduct, or violation; ``(II) the duration of the noncitizen's residence in the United States; ``(III) evidence of rehabilitation, if applicable; and ``(IV) the extent to which the noncitizen's removal, or the denial of the noncitizen's application, would adversely affect the noncitizen or the noncitizen's United States citizen or lawful permanent resident family members. ``(2) Noncitizens in certain immigration statuses.-- ``(A) In general.--A noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if on January 1, 2021, the noncitizen was any of the following: ``(i) A lawful permanent resident. ``(ii) A noncitizen admitted as a refugee under section 207 or granted asylum under section 208. ``(iii) A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A), other than-- ``(I) a spouse or a child of a noncitizen eligible for status under section 245B, 245C, 245D, 245E, or 245F; ``(II) a noncitizen considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854) or section 244(f)(4) of this Act; ``(III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and ``(IV) a noncitizen who has engaged in `essential critical infrastructure labor or services', as described in the `Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response' (as revised by the Department of Homeland Security) during the period described in subparagraph (B). ``(iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. ``(B) Period described.--The period described in this subparagraph is the period that-- ``(i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-19; and ``(ii) ends on the date that is 90 days after the date on which such public health emergency terminates. ``(3) Certain noncitizens outside the united states and unlawful reentrants.--A noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen-- ``(A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and ``(B)(i) was outside the United States on January 1, 2021; or ``(ii) reentered the United States unlawfully after January 1, 2021. ``(d) Submission of Biometric and Biographic Data; Background Checks.-- ``(1) In general.--The Secretary may not grant a noncitizen status under section 245B, 245C, 245D, 245E, or 245F unless the noncitizen submits biometric and biographic data, in accordance with procedures established by the Secretary. ``(2) Alternative procedure.--The Secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment. ``(3) Background checks.-- ``(A) In general.--The Secretary shall use biometric and biographic data-- ``(i) to conduct security and law enforcement background checks; and ``(ii) to determine whether there is any criminal, national security, or other factor that would render the noncitizen ineligible for status under section 245B, 245C, 245D, 245E, or 245F, as applicable. ``(B) Completion required.--A noncitizen may not be granted status under section 245B, 245C, 245D, 245E, or 245F unless security and law enforcement background checks are completed to the satisfaction of the Secretary. ``(e) Eligibility for Other Statuses.-- ``(1) In general.--A noncitizen's eligibility for status under section 245B, 245C, 245D, 245E, or 245F shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible. ``(2) Inapplicability of other provisions.--Section 208(d)(6) shall not apply to any noncitizen who submits an application under section 245B, 245C, 245D, 245E, or 245F. ``(f) Exemption From Numerical Limitation.--Nothing in this section or section 245B, 245C, 245D, 245E, or 245F or in any other law may be construed-- ``(1) to limit the number of noncitizens who may be granted status under sections 245B, 245C, 245D, 245E, and 245F; or ``(2) to count against any other numerical limitation under this Act. ``(g) Procedures.-- ``(1) Opportunity to apply and limitation on removal.--A noncitizen who appears to be prima facie eligible for status under section 245B, 245C, 245D, 245E, or 245F shall be given a reasonable opportunity to apply for such adjustment of status and, if the noncitizen applies within a reasonable period, the noncitizen shall not be removed before-- ``(A) the Secretary has issued a final decision denying relief; ``(B) a final order of removal has been issued; and ``(C) the decision of the Secretary is upheld by a court, or the time for initiating judicial review under section 242 has expired, unless the order of removal is based on criminal or national security grounds, in which case removal does not affect the noncitizen's right to judicial review. ``(2) Spouses and children.-- ``(A) Family application.--The Secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section 245B, 245C, 245D, 245E, or 245F, including a petition to classify the spouse and children as the spouse and children of the principal applicant. ``(B) Effect of termination of legal relationship or domestic violence.--If the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section 245B, 245C, 245D, 245E, or 245F and the noncitizen's spouse or child is terminated by death, divorce, or annulment, or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen (regardless of whether the legal relationship terminates), the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible. ``(C) Effect of denial of application or revocation of status.--If the application of a noncitizen for status under section 245B, 245C, 245D, 245E, or 245F is denied, or his or her status is revoked, the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section. ``(3) Adjudication.-- ``(A) In general.--The Secretary shall evaluate each application submitted under section 245B, 245C, 245D, 245E, or 245F to determine whether the applicant meets the applicable requirements. ``(B) Adjustment of status if favorable determination.--If the Secretary determines that a noncitizen meets the requirements of section 245B, 245C, 245D, 245E, or 245F, as applicable, the Secretary shall-- ``(i) notify the noncitizen of such determination; and ``(ii) adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident, as applicable, effective as of the date of such determination. ``(C) Documentary evidence of status.-- ``(i) In general.--The Secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status, as applicable, to each noncitizen whose application for such status has been approved. ``(ii) Elements.--Documentary evidence issued under clause (i) shall-- ``(I) be machine-readable and tamper-resistant; ``(II) contain a digitized photograph of the noncitizen; ``(III) during the noncitizen's authorized period of admission, serve as a valid travel and entry document; and ``(IV) include such other features and information as the Secretary may prescribe. ``(iii) Employment authorization.-- Documentary evidence issued under clause (i) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and ``(D) Adverse determination.--If the Secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied, the Secretary shall notify the noncitizen of such determination. ``(E) Withdrawal of application.-- ``(i) In general.--On receipt of a request to withdraw an application under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall cease processing of the application and close the case. ``(ii) Effect of withdrawal.--Withdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. ``(F) Document requirements.-- ``(i) Establishing identity.--A noncitizen's application for status under section 245B, 245C, 245D, 245E, or 245F may include, as evidence of identity, the following: ``(I) A passport or national identity document from the noncitizen's country of origin that includes the noncitizen's name and the noncitizen's photograph or fingerprint. ``(II) The noncitizen's birth certificate and an identity card that includes the noncitizen's name and photograph. ``(III) A school identification card that includes the noncitizen's name and photograph, and school records showing the noncitizen's name and that the noncitizen is or was enrolled at the school. ``(IV) A uniformed services identification card issued by the Department of Defense. ``(V) Any immigration or other document issued by the United States Government bearing the noncitizen's name and photograph. ``(VI) A State-issued identification card bearing the noncitizen's name and photograph. ``(VII) Any other evidence that the Secretary determines to be credible. ``(ii) Documents establishing continuous physical presence.--Evidence that the noncitizen has been continuously physically present in the United States may include the following: ``(I) Passport entries, including admission stamps on the noncitizen's passport. ``(II) Any document from the Department of Justice or the Department of Homeland Security noting the noncitizen's date of entry into the United States. ``(III) Records from any educational institution the noncitizen has attended in the United States. ``(IV) Employment records of the noncitizen that include the employer's name and contact information. ``(V) Records of service from the uniformed services. ``(VI) Official records from a religious entity confirming the noncitizen's participation in a religious ceremony. ``(VII) A birth certificate for a child who was born in the United States. ``(VIII) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. ``(IX) Automobile license receipts or registration. ``(X) Deeds, mortgages, or rental agreement contracts. ``(XI) Rent receipts or utility bills bearing the noncitizen's name or the name of an immediate family member of the noncitizen, and the noncitizen's address. ``(XII) Tax receipts. ``(XIII) Insurance policies. ``(XIV) Remittance records, including copies of money order receipts sent in or out of the country. ``(XV) Travel records, including online or hardcopy airplane, bus and train tickets, itineraries, and hotel or hostel receipts. ``(XVI) Dated bank transactions. ``(XVII) Sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen's continuous physical presence in the United States, that contain-- ``(aa) the name, address, and telephone number of the affiant; and ``(bb) the nature and duration of the relationship between the affiant and the noncitizen. ``(XVIII) Any other evidence determined to be credible. ``(iii) Documents establishing exemption from application fees.--The Secretary shall set forth, by regulation, the documents that may be used as evidence that a noncitizen's application for status under section 245B, 245C, 245D, 245E, or 245F is exempt from an application fee under subsection (b)(2). ``(iv) Authority to prohibit use of certain documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity, or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. ``(G) Sufficiency of the evidence.-- ``(i) Failure to submit sufficient evidence.--The Secretary may deny an application under section 245B, 245C, 245D, 245E, or 245F submitted by a noncitizen who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence, by the date required by the Secretary. ``(ii) Amended application.--A noncitizen whose application is denied under clause (i) may, without an additional fee, submit to the Secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application. ``(iii) Fulfillment of eligibility requirements.--Except as provided in clause (i), an application-- ``(I) may not be denied for failure to submit particular evidence; and ``(II) may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility. ``(iv) Authority to determine probity of evidence.--The Secretary may determine-- ``(I) whether evidence is credible; and ``(II) the weight to be given the evidence. ``(4) Revocation.-- ``(A) In general.--If the Secretary determines that a noncitizen fraudulently obtained status under section 245B, 245C, 245D, 245E, or 245F, the Secretary may revoke such status at any time after-- ``(i) providing appropriate notice to the noncitizen; ``(ii) providing the noncitizen an opportunity to respond; and ``(iii) the exhaustion or waiver of all applicable administrative review procedures under paragraph (6). ``(B) Additional evidence.--In determining whether to revoke a noncitizen's status under subparagraph (A), the Secretary may require the noncitizen-- ``(i) to submit additional evidence; or ``(ii) to appear for an interview. ``(C) Invalidation of documentation.--If a noncitizen's status is revoked under subparagraph (A), any documentation issued by the Secretary to the noncitizen under paragraph (3)(C) shall automatically be rendered invalid for any purpose except for departure from the United States. ``(5) Administrative review.-- ``(A) Exclusive administrative review.-- Administrative review of a determination with respect to an application for status under section 245B, 245C, 245D, 245E, or 245F shall be conducted solely in accordance with this paragraph. ``(B) Administrative appellate review.-- ``(i) Establishment of administrative appellate authority.--The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted, and revocations of status, under sections 245B, 245C, 245D, 245E, and 245F. ``(ii) Single appeal for each administrative decision.--A noncitizen in the United States whose application for status under section 245B, 245C, 245D, 245E, or 245F has been denied or whose status under any such section has been revoked may submit to the Secretary not more than 1 appeal of each such decision. ``(iii) Notice of appeal.--A notice of appeal under this paragraph shall be submitted not later than 90 days after the date of service of the denial or revocation, unless a delay beyond the 90-day period is reasonably justifiable. ``(iv) Review by secretary.--Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final decision. ``(v) Denial of petitions for spouses and children.--A decision to deny, or revoke approval of, a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section 245B, 245C, 245D, 245E, or 245F may be appealed under this paragraph. ``(C) Stay of removal.--Noncitizens seeking administrative review of a denial, or revocation of approval, of an application for status under section 245B, 245C, 245D, 245E, or 245F shall not be removed from the United States before a final decision is rendered establishing ineligibility for such status. ``(D) Record for review.--Administrative appellate review under this paragraph shall be de novo and based solely upon-- ``(i) the administrative record established at the time of the determination on the application; and ``(ii) any additional newly discovered or previously unavailable evidence. ``(6) Judicial review.--Judicial review of decisions denying, or revoking approval of, applications or petitions under sections 245B, 245C, 245D, 245E, and 245F shall be governed by section 242. ``(7) Effects while applications are pending.--During the period beginning on the date on which a noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F and ending on the date on which the Secretary makes a final decision on such application-- ``(A) notwithstanding section 212(d)(5)(A), the Secretary shall have the discretion to grant advance parole to the noncitizen; ``(B) the noncitizen shall not be considered an unauthorized noncitizen (as defined in section 274A(h)(3)). ``(8) Employment.-- ``(A) Receipt of application.--As soon as practicable after receiving an application for status under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall provide the applicant with a document acknowledging receipt of such application. ``(B) Employment authorization.--A document issued under subparagraph (A) shall-- ``(i) serve as interim proof of the noncitizen's authorization to accept employment in the United States; and ``(ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. ``(C) Employer protection.--An employer who knows that a noncitizen employee is an applicant for status under section 245B, 245C, 245D, 245E, or 245F or intends to apply for any such status, and who continues to employ the noncitizen pending a final decision on the noncitizen employee's application, shall not be considered to be in violation of section 274A(a)(2) for hiring, employment, or continued employment of the noncitizen. ``(9) Information privacy.-- ``(A) In general.--Except as provided in subparagraph (B), no officer or employee of the United States may-- ``(i) use the information provided by a noncitizen pursuant to an application submitted under section 245B, 245C, 245D, 245E, or 245F to initiate removal proceedings against any person identified in the application; ``(ii) make any publication whereby the information provided by any particular individual pursuant to such an application may be identified; or ``(iii) permit any individual other than an officer or employee of the Federal agency to which such an application is submitted to examine the application. ``(B) Required disclosure.--Notwithstanding subparagraph (A), the Attorney General or the Secretary shall provide the information provided in an application under section 245B, 245C, 245D, 245E, or 245F, and any other information derived from such information, to-- ``(i) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a), if such information is requested in writing by such entity; or ``(ii) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). ``(C) Penalty.--Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. ``(D) Safeguards.--The Secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph. ``(E) Annual assessment.--Not less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year-- ``(i) analyzes the effectiveness of the safeguards under subparagraph (D); ``(ii) determines the number of authorized disclosures made; and ``(iii) determines the number of disclosures prohibited by subparagraph (A) made. ``(10) Language assistance.--The Secretary, in consultation with the Attorney General, shall make available forms and accompanying instructions in the most common languages spoken in the United States, as determined by the Secretary. ``(11) Reasonable accommodations.--The Secretary shall develop a plan for providing reasonable accommodation, consistent with applicable law, to applicants for status under sections 245B, 245C, 245D, 245E, and 245F with disabilities (as defined in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1))). ``(h) Definitions.--In this section and sections 245B, 245C, 245D, 245E, and 245F: ``(1) Final decision.--The term `final decision' means a decision or an order issued by the Secretary under this section after the period for requesting administrative review under subsection (g)(5) has expired or the challenged decision was affirmed after such administrative review. ``(2) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(3) Uniformed services.--The term `uniformed services' has the meaning given the term in section 101(a) of title 10, United States Code.''. (b) Rulemaking.-- (1) Rules implementing sections 245b, 245d, 245e, 245f, and 245g.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue interim final rules, published in the Federal Register, implementing sections 245B, 245D, 245E, 245F, and 245G of the Immigration and Nationality Act, as added by this subtitle. (B) Effective date.--Notwithstanding section 553 of title 5, United States Code, the rules issued under this paragraph shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. (C) Final rules.--Not later than 180 days after the date of publication under subparagraph (B), the Secretary shall finalize the interim rules. (2) Rules implementing section 245c.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a final rule implementing section 245C of the Immigration and Nationality Act, as added by this subtitle. (3) Requirement.--The rules issued under this subsection shall prescribe the evidence required to demonstrate eligibility for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act, as added by this subtitle, or otherwise required to apply for status under such sections. (c) Paperwork Reduction Act.--The requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), shall not apply to any action to implement this title. (d) Technical and Conforming Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 1105, is further amended by inserting after the item relating to section 245F the following: ``Sec. 245G. General provisions relating to adjustment of status.''. Subtitle B--Other Reforms SEC. 1201. V NONIMMIGRANT VISAS. (a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. (b) Employment and Period of Admission of Nonimmigrants Described in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). ``(ii) Health care coverage.--A noncitizen admitted under section 101(a)(15)(V)-- ``(iii) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; ``(iv) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; ``(v) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)); and ``(vi) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 1202. EXPUNGEMENT AND SENTENCING. (a) Definition of Conviction.--Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as follows: ``(48)(A) The term `conviction' means, with respect to a noncitizen, a formal judgment of guilt of the noncitizen entered by a court. ``(B) The following may not be considered a conviction for purposes of this Act: ``(i) An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated. ``(ii) Any adjudication in which the court has issued-- ``(I) a judicial recommendation against removal; ``(II) an order of probation without entry of judgment; or ``(III) any similar disposition. ``(iii) A judgment that is on appeal or is within the time to file direct appeal. ``(C)(i) Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court. ``(ii) Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended.''. (b) Judicial Recommendation Against Removal.--The grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2) and 1227(a)(2)) shall not apply to a noncitizen with a criminal conviction if, not later than 180 days after the date on which the noncitizen is sentenced, and after having provided notice and an opportunity to respond to representatives of the State concerned, the Secretary, and prosecuting authorities, the sentencing court issues a recommendation to the Secretary that the noncitizen not be removed on the basis of the conviction. SEC. 1203. PETTY OFFENSES. Section 212(a)(2)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(ii)) is amended-- (1) in the matter preceding subclause (I), by striking ``to a noncitizen who committed only one crime''; (2) in subclause (I), by inserting ``the noncitizen committed only one crime,'' before ``the crime was committed when''; and (3) by amending subclause (II) to read as follows: ``(II) the noncitizen committed not more than 2 crimes, the maximum penalty possible for each crime of which the noncitizen was convicted (or which the noncitizen admits having committed or of which the acts that the noncitizen admits having committed constituted the essential elements) did not exceed imprisonment for 1 year and, if the noncitizen was convicted of either crime, the noncitizen was not sentenced to terms of imprisonment with respective sentences imposed in excess of 180 days (regardless of the extent to which either sentence was ultimately executed).''. SEC. 1204. RESTORING FAIRNESS TO ADJUDICATIONS. (a) Waiver of Grounds of Inadmissibility.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following: ``(c) Humanitarian, Family Unity, and Public Interest Waiver.-- ``(1) In general.--Notwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of inadmissibility under this section (excluding inadmissibility under subsection (a)(3)) for any purpose, including eligibility for relief from removal-- ``(A) for humanitarian purposes; ``(B) to ensure family unity; or ``(C) if a waiver is otherwise in the public interest. ``(2) Considerations.--In making a determination under paragraph (1), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including-- ``(A) the severity of the underlying circumstances, conduct, or violation; ``(B) the duration of the noncitizen's residence in the United States; ``(C) evidence of rehabilitation, if applicable; and ``(D) the extent to which the noncitizen's removal, or the denial of the noncitizen's application, would adversely affect the noncitizen or the noncitizen's United States citizen or lawful permanent resident family members.''. (b) Waiver of Grounds of Deportability.--Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the following: ``(8) Humanitarian, family unity, and public interest waiver.-- ``(A) In general.--Notwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of deportability under this subsection (excluding deportability under paragraph (2)(A)(iii) based on a conviction described in section 101(a)(43)(A) and deportability under paragraph (4)) for any purpose, including eligibility for relief from removal-- ``(i) for humanitarian purposes; ``(ii) to ensure family unity; or ``(iii) if a waiver is otherwise in the public interest. ``(B) Considerations.--In making a determination under subparagraph (A), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including-- ``(i) the severity of the underlying circumstances, conduct, or violation; ``(ii) the duration of the noncitizen's residence in the United States; ``(iii) evidence of rehabilitation, if applicable; and ``(iv) the extent to which the noncitizen's removal, or the denial of the noncitizen's application, would adversely affect the noncitizen or the noncitizen's United States citizen or lawful permanent resident family members.''. SEC. 1205. JUDICIAL REVIEW. Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (B), by inserting ``the exercise of discretion arising under'' after ``no court shall have jurisdiction to review''; (B) in subparagraph (C), by inserting ``and subsection (h)'' after ``subparagraph (D)''; and (C) by amending subparagraph (D) to read as follows: ``(D) Judicial review of certain legal claims.-- Nothing in subparagraph (B) or (C), or in any other provision of this Act that limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law.''; (2) in subsection (b)-- (A) in paragraph (2), in the first sentence, by inserting ``or, in the case of a decision governed by section 245G(g)(6), in the judicial circuit in which the petitioner resides'' after ``proceedings''; and (B) in paragraph (9), by striking the first sentence and inserting the following: ``Except as otherwise provided in this section, judicial review of a determination respecting a removal order shall be available only in judicial review of a final order under this section.''; (3) in subsection (f)-- (A) in paragraph (1), by striking ``or restrain the operation of''; and (B) in paragraph (2), by adding ``after all administrative and judicial review available to the noncitizen is complete'' before ``unless''; and (4) by adding at the end the following: ``(h) Judicial Review of Eligibility Determinations Relating to Status Under Chapter 5.-- ``(1) Direct review.--If a noncitizen's application under section 245B, 245C, 245D, 245E, or 245F is denied, or the approval of such application is revoked, after the exhaustion of administrative appellate review under section 245G(g)(5), the noncitizen may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, in the district court of the United States in which the noncitizen resides. ``(2) Status during review.--During the period in which a review described in paragraph (1) is pending-- ``(A) any unexpired grant of voluntary departure under section 240B shall be tolled; and ``(B) any order of exclusion, deportation, or removal shall automatically be stayed unless the court, in its discretion, orders otherwise. ``(3) Review after removal proceedings.--A noncitizen may seek judicial review of a denial or revocation of approval of the noncitizen's application under section 245B, 245C, 245D, 245E, or 245F in the appropriate court of appeals of the United States in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph (1). ``(4) Standard for judicial review.-- ``(A) Basis.--Judicial review of a denial or revocation of approval of an application under section 245B, 245C, 245D, 245E, or 245F shall be based upon the administrative record established at the time of the review. ``(B) Authority to remand.--The reviewing court may remand a case under this subsection to the Secretary of Homeland Security (referred to in this subsection as the `Secretary') for consideration of additional evidence if the court finds that-- ``(i) the additional evidence is material; and ``(ii) there were reasonable grounds for failure to adduce the additional evidence before the Secretary. ``(C) Scope of review.--Notwithstanding any other provision of law, judicial review of all questions arising from a denial or revocation of approval of an application under section 245B, 245C, 245D, 245E, or 245F shall be governed by the standard of review set forth in section 706 of title 5, United States Code. ``(5) Remedial powers.-- ``(A) Jurisdiction.--Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary in the operation or implementation of section 245B, 245C, 245D, 245E, 245F, or 245G that is arbitrary, capricious, or otherwise contrary to law. ``(B) Scope of relief.--The district courts of the United States may order any appropriate relief in a cause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that-- ``(i) the resolution of such cause or claim will serve judicial and administrative efficiency; or ``(ii) a remedy would otherwise not be reasonably available or practicable. ``(6) Challenges to the validity of the system.-- ``(A) In general.--Except as provided in paragraph (5), any claim that section 245B, 245C, 245D, 245E, 245F, or 245G, or any regulation, written policy, written directive, or issued or unwritten policy or practice initiated by or under the authority of the Secretary to implement such sections, violates the Constitution of the United States or is otherwise in violation of law is available in an action instituted in a district court of the United States in accordance with the procedures prescribed in this paragraph. ``(B) Savings provision.--Except as provided in subparagraph (C), nothing in subparagraph (A) may be construed to preclude an applicant under section 245B, 245C, 245D, 245E, or 245F from asserting that an action taken or a decision made by the Secretary with respect to the applicant's status was contrary to law. ``(C) Class actions.--Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with-- ``(i) the Class Action Fairness Act of 2005 (Public Law 109-2; 119 Stat. 4); and ``(ii) the Federal Rules of Civil Procedure. ``(D) Preclusive effect.--The final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection. ``(E) Exhaustion and stay of proceedings.-- ``(i) In general.--No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245G(g)(5). ``(ii) Stay authorized.--Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant.''. SEC. 1206. MODIFICATIONS TO NATURALIZATION PROVISIONS. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (1) in section 316 (8 U.S.C. 1427), by adding at the end the following: ``(g) For purposes of this chapter, the phrases `lawfully admitted for permanent residence', `lawfully admitted to the United States for permanent residence', and `lawful admission for permanent residence' shall refer to a noncitizen who-- ``(1) was granted the status of lawful permanent resident; ``(2) did not obtain such status through fraudulent misrepresentation or fraudulent concealment of a material fact, provided that the Secretary shall have the discretion to waive the application of this paragraph; and ``(3) for good cause shown.''; and (2) in section 319 (8 U.S.C. 1430)-- (A) in the section heading, by striking ``and employees of certain nonprofit organizations'' and inserting ``, employees of certain nonprofit organizations, and other lawful residents''; and (B) by adding at the end the following: ``(f) Notwithstanding section 316(a)(1), any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident may be naturalized upon compliance with all other requirements under this chapter.''. SEC. 1207. RELIEF FOR LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. The Joint Resolution entitled ``A Joint Resolution to approve the `Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806), is amended-- (1) in subsection (b)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) Nonimmigrant workers generally.--A noncitizen, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H) without counting against the numerical limitations set forth in section 214(g) of such Act (8 U.S.C. 1184(g)).''; and (B) in subparagraph (B)(i), by striking ``contact'' and inserting ``contract''; (2) in subsection (e)-- (A) in paragraph (4), in the paragraph heading, by striking ``aliens'' and inserting ``noncitizens''; and (B) by amending paragraph (6) to read as follows: ``(6) Special provision regarding long-term residents of the commonwealth.-- ``(A) CNMI resident status.--A noncitizen described in subparagraph (B) may, upon the application of the noncitizen, be admitted in CNMI Resident status to the Commonwealth subject to the following rules: ``(i) The noncitizen shall be treated as a noncitizen lawfully admitted to the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which-- ``(I) the noncitizen ceases to reside in the Commonwealth; or ``(II) the noncitizen's status is adjusted under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) to that of a noncitizen lawfully admitted for permanent residence in accordance with all applicable eligibility requirements. ``(ii) The Secretary of Homeland Security-- ``(I) shall establish a process for such noncitizen to apply for CNMI Resident status during the 180-day period beginning on the date that is 90 days after the date of the enactment of the U.S. Citizenship Act; ``(II) may, in the Secretary's discretion, authorize deferred action or parole, as appropriate, with work authorization, for such noncitizen until the date of adjudication of the noncitizen's application for CNMI Resident status; and ``(III) in the case of a noncitizen who has nonimmigrant status on the date on which the noncitizen applies for CNMI Resident status, the Secretary shall extend such nonimmigrant status and work authorization through the end of the 180-day period described in subclause (I) or the date of adjudication of the noncitizen's application for CNMI Resident status, whichever is later. ``(iii) Nothing in this subparagraph may be construed to provide any noncitizen granted status under this subparagraph with public assistance to which the noncitizen is not otherwise entitled. ``(iv) A noncitizen granted status under this paragraph shall be deemed a qualified noncitizen under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) for purposes of receiving relief during-- ``(I) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); ``(II) an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191); or ``(III) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.). ``(v) A noncitizen granted status under this paragraph-- ``(I) subject to section 237(a)(8), is subject to all grounds of deportability under section 237 of the Immigration and Nationality Act (8 U.S.C. 1227); ``(II) subject to section 212(c), is subject to all grounds of inadmissibility under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) if seeking admission to the United States at a port of entry in the Commonwealth; ``(III) is inadmissible to the United States at any port of entry outside the Commonwealth, except that the Secretary of Homeland Security may in the Secretary's discretion authorize admission of such noncitizen at a port of entry in Guam for the purpose of direct transit to the Commonwealth, which admission shall be considered an admission to the Commonwealth; ``(IV) automatically shall lose such status if the noncitizen travels from the Commonwealth to any other place in the United States, except that the Secretary of Homeland Security may in the Secretary's discretion establish procedures for the advance approval on a case-by-case basis of such travel for a temporary and legitimate purpose, and the Secretary may in the Secretary's discretion authorize the direct transit of noncitizens with CNMI Resident status through Guam to a foreign place; ``(V) shall be authorized to work in the Commonwealth incident to status; and ``(VI) shall be issued appropriate travel documentation and evidence of work authorization by the Secretary. ``(B) Noncitizens described.--A noncitizen is described in this subparagraph if the noncitizen-- ``(i) was lawfully present on June 25, 2019, or on December 31, 2018, in the Commonwealth under the immigration laws of the United States, including pursuant to a grant of parole under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) or deferred action; ``(ii) subject to subsection (c) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), is admissible as an immigrant to the United States under that Act (8 U.S.C. 1101 et seq.), except that no immigrant visa is required; ``(iii) except in the case of a noncitizen who meets the requirements of subclause (III) or (VI) of clause (v), resided continuously and lawfully in the Commonwealth from November 28, 2009, through June 25, 2019; ``(iv) is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and ``(v) in addition-- ``(I) was born in the Northern Mariana Islands between January 1, 1974, and January 9, 1978; ``(II) was, on November 27, 2009, a permanent resident of the Commonwealth (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008); ``(III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of a noncitizen described in subclause (I), (II), (V), (VI), or (VII); ``(IV) was, on November 27, 2011, a spouse, child, or parent of a United States citizen, notwithstanding the age of the United States citizen, and continues to have such family relationship with the citizen on the date of the application described in subparagraph (A); ``(V) had a grant of parole under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) on December 31, 2018, under the former parole program for certain in-home caregivers administered by United States Citizenship and Immigration Services; ``(VI) was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the date of enactment of the Northern Mariana Islands U.S. Workforce Act of 2018 (Public Law 115-218; 132 Stat. 1547); or ``(VII) resided in the Northern Mariana Islands as an investor under Commonwealth immigration law, and is currently a resident classified as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)). ``(C) Authority of attorney general.--Beginning on the first day of the 180-day period established by the Secretary of Homeland Security under subparagraph (A)(ii)(I), the Attorney General may accept and adjudicate an application for CNMI Resident status under this paragraph by a noncitizen who is in removal proceedings before the Attorney General if the noncitizen-- ``(i) makes an initial application to the Attorney General within such 180-day period; or ``(ii) applied to the Secretary of Homeland Security during such 180-day period and before being placed in removal proceedings, and the Secretary denied the application. ``(D) Judicial review.--Notwithstanding any other law, no court shall have jurisdiction to review any decision of the Secretary of Homeland Security or the Attorney General on an application under this paragraph or any other action or determination of the Secretary of Homeland Security or the Attorney General to implement, administer, or enforce this paragraph. ``(E) Procedure.--The requirements of chapter 5 of title 5 (commonly referred to as the Administrative Procedure Act), or any other law relating to rulemaking, information collection, or publication in the Federal Register shall not apply to any action to implement, administer, or enforce this paragraph. ``(F) Adjustment of status for cnmi residents.--A noncitizen with CNMI Resident status may adjust his or her status to that of a noncitizen lawfully admitted for permanent residence 5 years after the date of the enactment of the U.S. Citizenship Act or 5 years after the date on which CNMI Resident status is granted, whichever is later. ``(G) Waiver of application deadline.--The Secretary of Homeland Security may, in the Secretary's sole and unreviewable discretion, accept an application for CNMI Resident status submitted after the application deadline if-- ``(i) the applicant is eligible for CNMI Resident status; ``(ii) the applicant timely submitted an application for CNMI Resident status and made a good faith effort to comply with the application requirements as determined by the Secretary; and ``(iii) the application is received not later than 90 days after the expiration of the application deadline or the date on which notice of rejection of the application is submitted, whichever is later.''; (3) by striking ``an alien'' each place it appears and inserting ``a noncitizen''; (4) by striking ``An alien'' each place it appears and inserting ``A noncitizen''; (5) by striking ``alien'' each place it appears and inserting ``noncitizen''; (6) by striking ``aliens'' each place it appears and inserting ``noncitizens''; and (7) by striking ``alien's'' each place it appears and inserting ``noncitizen's''. SEC. 1208. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY INTEREST. (a) Exemption From Government Contracting and Hiring Rules.-- (1) In general.--A determination by a Federal agency to use a procurement competition exemption under section 3304(a) of title 41, United States Code, or to use the authority granted in paragraph (2), for the purpose of implementing this title and the amendments made by this title is not subject to challenge by protest to the Government Accountability Office under chapter 35 of title 31, United States Code, or to the Court of Federal Claims, under section 1491 of title 28, United States Code. An agency shall immediately advise Congress of the exercise of the authority granted under this paragraph. (2) Government contracting exemption.--The competition requirement under section 3306 of title 41, United States Code, may be waived or modified by a Federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement-- (A) determines that the waiver or modification is necessary; and (B) submits an explanation for such determination to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Hiring rules exemption.-- (A) In general.--Notwithstanding any other provision of law, the Secretary is authorized to make term, temporary limited, and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. (B) Savings provision.--Nothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department management official to hire term, temporary limited or part-time employees under this paragraph. (b) Authority To Acquire Leaseholds.--Notwithstanding any other provision of law, the Secretary may acquire a leasehold interest in real property, and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary in order to facilitate the implementation of this title and the amendments made by this title. SEC. 1209. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT. (a) In General.--Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended-- (1) in subparagraph (B)(ii), by striking ``, or'' and inserting a semicolon at the end; (2) in subparagraph (C), by striking the comma at the end and inserting a semicolon; (3) by inserting after subparagraph (C) the following: ``(D) who is granted status as a lawful prospective immigrant under section 245B of the Immigration and Nationality Act; or ``(E) whose status is adjusted to that of lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act,''; and (4) in the undesignated matter at the end, by inserting ``, or in the case of a noncitizen described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the noncitizen submitted an application under section 245B, 245C, 245D, 245E, or 245F of such Act'' before the period at the end. (b) Effective Date.--The amendments made by this section shall take effect on the first day of the tenth month beginning after the date of the enactment of this Act. TITLE II--ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY MANAGING THE SOUTHERN BORDER SEC. 2001. DEFINITIONS. In this title: (1) Best interest determination.--The term ``best interest determination'' means a formal process with procedural safeguards designed to give primary consideration to the child's best interests in decision making. (2) Internally displaced persons.--The term ``internally displaced persons'' means persons or groups of persons who-- (A) have been forced to leave their homes or places of habitual residence because of armed conflict, generalized violence, violations of human rights, or natural or human-made disasters; and (B) have not crossed an internationally recognized border of a nation state. (3) International protection.--The term ``international protection'' means-- (A) asylum status; (B) refugee status; (C) protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; and (D) any other regional protection status available in the Western Hemisphere. (4) Large-scale, nonintrusive inspection system.--The term ``large-scale, nonintrusive inspection system'' means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car. (5) Pre-primary.--The term ``pre-primary'' means deploying scanning technology before primary inspection booths at land border ports of entry in order to provide images of commercial or passenger vehicles or freight rail cars before they are presented for inspection. (6) Scanning.--The term ``scanning'' means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car. Subtitle A--Promoting the Rule of Law, Security, and Economic Development in Central America SEC. 2101. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA. (a) In General.--The Secretary of State shall implement a 4-year strategy, to be known as the ``United States Strategy for Engagement in Central America'' (referred to in this subtitle as the ``Strategy'')-- (1) to advance reforms in Central America; and (2) to address the key factors contributing to the flight of families, unaccompanied noncitizen children, and other individuals from Central America to the United States. (b) Elements.--The Strategy shall include efforts-- (1) to strengthen democratic governance, accountability, transparency, and the rule of law; (2) to combat corruption and impunity; (3) to improve access to justice; (4) to bolster the effectiveness and independence of judicial systems and public prosecutors' offices; (5) to improve the effectiveness of civilian police forces; (6) to confront and counter the violence, extortion, and other crimes perpetrated by armed criminal gangs, illicit trafficking organizations, and organized crime, while disrupting recruitment efforts by such organizations; (7) to disrupt money laundering and other illicit financial operations of criminal networks, armed gangs, illicit trafficking organizations, and human smuggling networks; (8) to promote greater respect for internationally recognized human rights, labor rights, fundamental freedoms, and the media; (9) to protect the human rights of environmental defenders, civil society activists, and journalists; (10) to enhance accountability for government officials, including police and security force personnel, who are credibly alleged to have committed serious violations of human rights or other crimes; (11) to enhance the capability of governments in Central America to protect and provide for vulnerable and at-risk populations; (12) to address the underlying causes of poverty and inequality and the constraints to inclusive economic growth in Central America; and (13) to prevent and respond to endemic levels of sexual, gender-based, and domestic violence. (c) Coordination and Consultation.--In implementing the Strategy, the Secretary of State shall-- (1) coordinate with the Secretary of the Treasury, the Secretary of Defense, the Secretary, the Attorney General, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States Development Finance Corporation; and (2) consult with the Director of National Intelligence, national and local civil society organizations in Central America and the United States, and the governments of Central America. (d) Support for Central American Efforts.--To the degree feasible, the Strategy shall support or complement efforts being carried out by the Governments of El Salvador, of Guatemala, and of Honduras, in coordination with bilateral and multilateral donors and partners, including the Inter-American Development Bank. SEC. 2102. SECURING SUPPORT OF INTERNATIONAL DONORS AND PARTNERS. (a) Plan.--The Secretary of State shall implement a 4-year plan-- (1) to secure support from international donors and regional partners to enhance the implementation of the Strategy; (2) to identify governments that are willing to provide financial and technical assistance for the implementation of the Strategy and the specific assistance that will be provided; and (3) to identify and describe the financial and technical assistance to be provided by multilateral institutions, including the Inter-American Development Bank, the World Bank, the International Monetary Fund, the Andean Development Corporation-Development Bank of Latin America, and the Organization of American States. (b) Diplomatic Engagement and Coordination.--The Secretary of State, in coordination with the Secretary of the Treasury, as appropriate, shall-- (1) carry out diplomatic engagement to secure contributions of financial and technical assistance from international donors and partners in support of the Strategy; and (2) take all necessary steps to ensure effective cooperation among international donors and partners supporting the Strategy. SEC. 2103. COMBATING CORRUPTION, STRENGTHENING THE RULE OF LAW, AND CONSOLIDATING DEMOCRATIC GOVERNANCE. The Secretary of State and the Administrator of the United States Agency for International Development are authorized-- (1) to combat corruption in Central America by supporting-- (A) Inspectors General and oversight institutions, including-- (i) support for multilateral support missions for key ministries, including ministries responsible for tax, customs, procurement, and citizen security; and (ii) relevant training for inspectors and auditors; (B) multilateral support missions against corruption and impunity; (C) civil society organizations conducting oversight of executive and legislative branch officials and functions, police and security forces, and judicial officials and public prosecutors; and (D) the enhancement of freedom of information mechanisms; (2) to strengthen the rule of law in Central America by supporting-- (A) Attorney General offices, public prosecutors, and the judiciary, including enhancing investigative and forensics capabilities; (B) an independent, merit-based selection processes for judges and prosecutors, independent internal controls, and relevant ethics and professional training, including training on sexual, gender-based, and domestic violence; (C) improved victim, witness, and whistleblower protection and access to justice; and (D) reforms to and the improvement of prison facilities and management; (3) to consolidate democratic governance in Central America by supporting-- (A) reforms of civil services, related training programs, and relevant laws and processes that lead to independent, merit-based selection processes; (B) national legislatures and their capacity to conduct oversight of executive branch functions; (C) reforms to, and strengthening of, political party and campaign finance laws and electoral tribunals; (D) local governments and their capacity to provide critical safety, education, health, and sanitation services to citizens; and (4) to defend human rights by supporting-- (A) human rights ombudsman offices; (B) government protection programs that provide physical protection and security to human rights defenders, journalists, trade unionists, whistleblowers, and civil society activists who are at risk; (C) civil society organizations that promote and defend human rights, freedom of expression, freedom of the press, labor rights, environmental protection, and the rights of individuals with diverse sexual orientations or gender identities; and (D) civil society organizations that address sexual, gender-based, and domestic violence, and that protect victims of such violence. SEC. 2104. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY. The Secretary of State and the Administrator of the United States Agency for International Development are authorized-- (1) to counter the violence and crime perpetrated by armed criminal gangs, illicit trafficking organizations, and human smuggling networks in Central America by providing assistance to civilian law enforcement, including support for-- (A) the execution and management of complex, multi- actor criminal cases; (B) the enhancement of intelligence collection capacity, and training on civilian intelligence collection (including safeguards for privacy and basic civil liberties), investigative techniques, forensic analysis, and evidence preservation; (C) community policing policies and programs; (D) the enhancement of capacity to identify, investigate, and prosecute crimes involving sexual, gender-based, and domestic violence; and (E) port, airport, and border security officials, agencies and systems, including-- (i) the professionalization of immigration personnel; (ii) improvements to computer infrastructure and data management systems, secure communications technologies, nonintrusive inspection equipment, and radar and aerial surveillance equipment; and (iii) assistance to canine units; (2) to disrupt illicit financial networks in Central America, including by supporting-- (A) finance ministries, including the imposition of financial sanctions to block the assets of individuals and organizations involved in money laundering or the financing of armed criminal gangs, illicit trafficking networks, human smuggling networks, or organized crime; (B) financial intelligence units, including the establishment and enhancement of anti-money laundering programs; and (C) the reform of bank secrecy laws; (3) to assist in the professionalization of civilian police forces in Central America by supporting-- (A) reforms with respect to personnel recruitment, vetting, and dismissal processes, including the enhancement of polygraph capability for use in such processes; (B) Inspectors General and oversight offices, including relevant training for inspectors and auditors, and independent oversight mechanisms, as appropriate; and (C) training and the development of protocols regarding the appropriate use of force and human rights; (4) to improve crime prevention and to reduce violence, extortion, child recruitment into gangs, and sexual slavery by supporting-- (A) the improvement of child protection systems; (B) the enhancement of programs for at-risk youth, including the improvement of community centers and programs aimed at successfully reinserting former gang members; (C) livelihood programming that provides youth and other at-risk individuals with legal and sustainable alternatives to gang membership; (D) safe shelter and humanitarian responses for victims of crime and internal displacement; and (E) programs to receive and effectively reintegrate repatriated migrants in El Salvador, Guatemala, and Honduras. SEC. 2105. COMBATING SEXUAL, GENDER-BASED, AND DOMESTIC VIOLENCE. The Secretary of State and the Administrator of the United States Agency for International Development are authorized to counter sexual, gender-based, and domestic violence in Central American countries by-- (1) broadening engagement among national and local institutions to address sexual, gender-based, and domestic violence; (2) supporting educational initiatives to reduce sexual, gender-based, and domestic violence; (3) supporting outreach efforts tailored to meet the needs of women, girls, individuals of diverse sexual orientations or gender identities, and other vulnerable individuals at risk of violence and exploitation; (4) formalizing standards of care and confidentiality at police, health facilities, and other government facilities; and (5) establishing accountability mechanisms for perpetrators of violence. SEC. 2106. TACKLING EXTREME POVERTY AND ADVANCING ECONOMIC DEVELOPMENT. The Secretary of State and the Administrator of the United States Agency for International Development are authorized to tackle extreme poverty and the underlying causes of poverty in Central American countries by-- (1) strengthening human capital by supporting-- (A) workforce development and entrepreneurship training programs that are driven by market demand, including programs that prioritize women, at-risk youth, and indigenous communities; (B) improving early-grade literacy, and primary and secondary school curricula; (C) relevant professional training for teachers and educational administrators; (D) educational policy reform and improvement of education sector budgeting; and (E) establishment and expansion of safe schools and related facilities for children; (2) enhancing economic competitiveness and investment climate by supporting-- (A) small business development centers and programs that strengthen supply chain integration; (B) the improvement of protections for investors, including dispute resolution and arbitration mechanisms; (C) trade facilitation and customs harmonization programs; and (D) reducing energy costs through investments in clean technologies and the reform of energy policies and regulations; (3) strengthening food security by supporting-- (A) small and medium-scale sustainable agriculture, including by providing technical training, improving access to credit, and promoting policies and programs that incentivize government agencies and private institutions to buy from local producers; (B) agricultural value chain development for farming communities; (C) nutrition programs to reduce childhood malnutrition and stunting rates; and (D) mitigation, adaptation, and recovery programs in response to natural disasters and other external shocks; and (4) improving fiscal and financial affairs by supporting-- (A) domestic revenue generation, including programs to improve tax administration, collection, and enforcement; (B) strengthening public sector financial management, including strategic budgeting and expenditure tracking; and (C) reform of customs and procurement policies and processes. SEC. 2107. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA. (a) In General.--There are authorized to be appropriated $1,000,000,000 for each of the fiscal years 2022 through 2025 to carry out the Strategy. (b) Portion of Funding Available Without Condition.--The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, may obligate up to 50 percent of the amounts appropriated in each fiscal year pursuant to subsection (a) to carry out the Strategy on the first day of the fiscal year for which they are appropriated. (c) Portion of Funding Available After Progress on Specific Issues.-- (1) Effective implementation.--The remaining 50 percent of the amounts appropriated pursuant to subsection (a) (after the obligations authorized under subsection (b)) may only be made available for assistance to the Government of El Salvador, of Guatemala, or of Honduras after the Secretary of State consults with, and subsequently certifies and reports to, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that the respective government is taking effective steps (in addition to steps taken during the previous calendar year)-- (A) to combat corruption and impunity, including investigating and prosecuting government officials, military personnel, and civilian police officers credibly alleged to be corrupt; (B) to implement reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions and the independence of the judiciary and electoral institutions; (C) to protect the rights of civil society, opposition political parties, trade unionists, human rights defenders, and the independence of the media; (D) to provide effective and accountable civilian law enforcement and security for its citizens, and curtailing the role of the military in internal policing; (E) to implement policies to reduce poverty and promote equitable economic growth and opportunity; (F) to increase government revenues, including by enhancing tax collection, strengthening customs agencies, and reforming procurement processes; (G) to improve border security and countering human smuggling, criminal gangs, drug traffickers, and transnational criminal organizations; (H) to counter and prevent sexual and gender-based violence; (I) to inform its citizens of the dangers of the journey to the southwest border of the United States; (J) to resolve disputes involving the confiscation of real property of United States entities; and (K) to implement reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth. Subtitle B--Addressing Migration Needs by Strengthening Regional Humanitarian Responses for Refugees and Asylum Seekers in the Western Hemisphere and Strengthening Repatriation Initiatives SEC. 2201. EXPANDING REFUGEE AND ASYLUM PROCESSING IN THE WESTERN HEMISPHERE. (a) Refugee Processing.--The Secretary of State, in coordination with the Secretary, shall work with international partners, including the United Nations High Commissioner for Refugees and international nongovernmental organizations, to support and strengthen the domestic capacity of countries in the Western Hemisphere to process and accept refugees for resettlement and adjudicate asylum claims by-- (1) providing support and technical assistance to expand and improve the capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers who are trained in the relevant legal standards for adjudicating claims for protection; (2) establishing and expanding safe and secure locations to facilitate the safe and orderly movement of individuals and families seeking international protection; (3) improving national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections-- (A) receives due process and meaningful access to existing humanitarian protections; (B) is provided with adequate information about his or her rights, including the right to seek protection; (C) is properly screened for security, including biographic and biometric capture; and (D) receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and (4) developing the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that such children are properly registered and that their claims are appropriately considered. (b) Diplomatic Engagement and Coordination.--The Secretary of State, in coordination with the Secretary, as appropriate, shall-- (1) carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and (2) take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America. SEC. 2202. FURTHER STRENGTHENING REGIONAL HUMANITARIAN RESPONSES IN THE WESTERN HEMISPHERE. The Secretary of State, in coordination with international partners, including the United Nations High Commissioner for Refugees, shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from El Salvador, Guatemala, and Honduras-- (1) to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers, including shelters for families, women, unaccompanied children, and other vulnerable populations; (2) to deliver gender-, trauma-, and age-sensitive humanitarian assistance to refugees and asylum seekers, including access to accurate information, legal representation, education, livelihood opportunities, cash assistance, and health care; (3) to establish and expand sexual, gender-based, and domestic violence prevention, recovery, and humanitarian programming; (4) to fund national- and community-led humanitarian organizations in humanitarian response; (5) to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country; and (6) to support technical assistance for refugee relocation and resettlement. SEC. 2203. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION. (a) In General.--The Secretary of State, in coordination with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, Honduras, and other appropriate Central American countries-- (1) to disseminate information about the potential dangers of travel to the United States; (2) to provide accurate information about United States immigration law and policy; and (3) to provide accurate information about the availability of asylum, other humanitarian protections in countries in the Western Hemisphere, and other legal means for migration. (b) Elements.--The information campaigns implemented pursuant to subsection (a), to the greatest extent possible-- (1) shall be targeted at regions with high levels of outbound migration or significant populations of internally displaced persons; (2) shall be conducted in local languages; (3) shall employ a variety of communications media, including social media; and (4) shall be developed in coordination with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants. SEC. 2204. IDENTIFICATION, SCREENING, AND PROCESSING OF REFUGEES AND OTHER INDIVIDUALS ELIGIBLE FOR LAWFUL ADMISSION TO THE UNITED STATES. (a) Designated Processing Centers.-- (1) In general.--The Secretary of State, in coordination with the Secretary, shall establish designated processing centers for the registration, screening, and processing of refugees and other eligible individuals, and the resettlement or relocation of these individuals to the United States or other countries. (2) Locations.--Not fewer than 1 designated processing centers shall be established in a safe and secure location identified by the United States and the host government in-- (A) El Salvador; (B) Guatemala; (C) Honduras; and (D) any other Central American country that the Secretary of State considers appropriate to accept and process requests and applications under this subtitle. (b) Personnel.-- (1) Refugee officers and related personnel.--The Secretary shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this subtitle. (2) Support personnel.--The Secretary and the Attorney General shall hire and assign sufficient personnel to ensure, absent exceptional circumstances, that all security and law enforcement background checks required under this subtitle and family verification checks carried out by the Refugee Access Verification Unit are completed within 180 days. (c) Operations.-- (1) In general.--Absent extraordinary circumstances, each designated processing center shall commence operations as expeditiously as possible. (2) Productivity and quality control.--The Secretary of State, in coordination with the Secretary, shall monitor the activities of each designated processing center and establish metrics and criteria for evaluating the productivity and quality control of each designated processing center. SEC. 2205. REGISTRATION AND INTAKE. (a) Registration.--Each designated processing center shall receive and register individuals seeking to apply for benefits under this subtitle who meet criteria specified by the Secretary of State, in coordination with the Secretary. (b) Intake.--The designated processing center shall assess registered individuals to determine the benefits for which they may be eligible, including-- (1) refugee resettlement pursuant to the Central American Refugee Program described in section 2206; (2) the Central American Minors Program described in section 2207; and (3) the Central American Family Reunification Parole Program described in section 2208. (c) Expedited Processing.--The Secretary of State shall provide expedited processing of applications and requests under this subtitle in emergency situations, for humanitarian reasons, or if the Secretary of State otherwise determines that circumstances warrant expedited treatment. SEC. 2206. CENTRAL AMERICAN REFUGEE PROGRAM. (a) Processing at Designated Processing Centers.-- (1) In general.--Any individual who registers at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status, and who is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary of State has determined are eligible for refugee status under this section may apply for refugee resettlement under this section. Upon filing of a completed application, the applicant may be referred to a refugee officer for further processing in accordance with this section. (2) Submission of biographic and biometric data.--An applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Secretary of State, in coordination with the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biographic and biometric data because of a physical or mental impairment. (3) Background checks.--The Secretary of State shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). (4) Orientation.--The Secretary of State shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be provided in English and Spanish. (5) International organizations.--The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section. (b) Optional Referral to Other Countries.-- (1) In general.--An applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant's refugee claim if another country agrees to promptly process the applicant's refugee claim in accordance with the terms and procedures of a bilateral agreement described in paragraph (2). (2) Bilateral agreements for referral of refugees.-- (A) In general.--The Secretary of State, in consultation with the Secretary, may enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who register at a designated processing center and seek to apply for refugee resettlement under this section. Such agreements shall be limited to countries with the demonstrated capacity to accept and adjudicate applications for refugee status and other forms of international protection, and to resettle refugees consistent with obligations under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223). (B) International organizations.--The Secretary of State, in consultation with the Secretary, may enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals described in subparagraph (A). (c) Emergency Relocation Coordination.--The Secretary of State, in coordination with the Secretary, may enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who register at a designated processing center, are deemed to face an imminent risk of harm, and require temporary placement in a safe location pending a final decision on an application under this section. Such agreements may be developed in consultation with the United Nations High Commissioner for Refugees and shall conform to international humanitarian standards. (d) Expansion of Refugee Corps.--Subject to the availability of amounts provided in advance in appropriation Acts, the Secretary shall appoint additional refugee officers as may be necessary to carry out this section. SEC. 2207. CENTRAL AMERICAN MINORS PROGRAM. (a) Eligibility.-- (1) Petition.--If an assessment under section 2205(b) results in a determination that a noncitizen is eligible for special immigrant status in accordance with this subsection-- (A) the designated processing center that conducted such assessment may accept a petition for such status filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) subject to subsection (d), and notwithstanding any other provision of law, the Secretary may provide such noncitizen with status as a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)). (2) Criteria.--A noncitizen shall be eligible under this subsection if he or she-- (A) is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary has determined are eligible for special immigrant status under this section; (B) is a child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of an individual who is lawfully present in the United States; and (C) is otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))). (b) Minor Children.--Any child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of a noncitizen described in subsection (a) is entitled to special immigrant status if accompanying or following to join such noncitizen. (c) Exclusion From Numerical Limitations.--Noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (d) Applicants Under Prior Central American Minors Refugee Program.-- (1) In general.--The Secretary shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section. (2) Final determination.--Absent exceptional circumstances, the Secretary shall make a final determination on applications described in paragraph (1) not later than 180 days after the date of the enactment of this Act. (3) Notice.--The Secretary shall-- (A) promptly notify all relevant parties of the conversion of an application described in paragraph (1) into a special immigrant petition; and (B) provide instructions for withdrawal of the petition if the noncitizen does not want to proceed with the requested relief. (e) Biometrics and Background Checks.-- (1) Submission of biometric and biographic data.-- Petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks.--The Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section. (3) Completion of background checks.--The security and law enforcement background checks required under paragraph (2) shall be completed, to the satisfaction of the Secretary, before the date on which a petition for special immigrant status under this section may be approved. SEC. 2208. CENTRAL AMERICAN FAMILY REUNIFICATION PAROLE PROGRAM. (a) Eligibility.-- (1) Application.--If an assessment under section 2205(b) results in a determination that a noncitizen is eligible for parole in accordance with this section-- (A) the designated processing center may accept a completed application for parole filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) the Secretary may grant parole under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) to such noncitizen. (2) Criteria.--A noncitizen shall be eligible for parole under this section if he or she-- (A) is a national of El Salvador, of Guatemala, of Honduras, or of any other Central American country whose nationals the Secretary has determined are eligible for parole under this section; (B) is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); and (C) an immigrant visa is not immediately available for the noncitizen, but is expected to be available within a period designated by the Secretary. (b) Biometrics and Background Checks.-- (1) Submission of biometric and biographic data.-- Applicants for parole under this section shall be required to submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks.--The Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section. (3) Completion of background checks.--The security and law enforcement background checks required under paragraph (2) shall be completed to the satisfaction of the Secretary before the date on which an application for parole may be approved. SEC. 2209. INFORMATIONAL CAMPAIGN; CASE STATUS HOTLINE. (a) Informational Campaign.--The Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, Honduras, and other appropriate Central American countries to increase awareness of the programs authorized under this subtitle. (b) Case Status Hotline.--The Secretary shall establish a case status hotline to provide confidential processing information on pending cases. Subtitle C--Managing the Border and Protecting Border Communities SEC. 2301. EXPEDITING LEGITIMATE TRADE AND TRAVEL AT PORTS OF ENTRY. (a) Technology Deployment Plan.--The Secretary is authorized to develop and implement a plan to deploy technology-- (1) to expedite the screening of legitimate trade and travel; and (2) to enhance the ability to identify narcotics and other contraband, at every land, air, and sea port of entry. (b) Elements.--The technology deployment plan developed pursuant to subsection (a) shall include-- (1) the specific steps that will be taken to increase the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale, nonintrusive inspection systems or similar technology before primary inspections booths to enhance border security; (2) a comprehensive description of the technologies and improvements needed to facilitate legal travel and trade, reduce wait times, and better identify contraband at land and rail ports of entry, including-- (A) the specific steps the Secretary will take to ensure, to the greatest extent practicable, that high- throughput scanning technologies are deployed within 5 years at all land border ports of entry to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning; and (B) the specific steps the Secretary will take to increase the amount of cargo that is subject to nonintrusive inspections systems at all ports of entry; (3) a comprehensive description of the technologies and improvements needed to enhance traveler experience, reduce inspection and wait times, and better identify potential criminals and terrorists at air ports of entry; (4) a comprehensive description of the technologies and improvements needed-- (A) to enhance the security of maritime trade; (B) to increase the percent of shipping containers that are scanned; and (C) to enhance the speed and quality of inspections without adversely impacting trade flows; (5) any projected impacts identified by the Commissioner of U.S. Customs and Border Protection regarding-- (A) the number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings; (B) where such systems are in use; and (C) the average wait times at peak and non-peak travel times, by lane type (if applicable), as scanning rates are increased; (6) any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, regarding border security operations at ports of entry as a result of implementation actions, including any required changes to the number of U.S. Customs and Border Protection officers or their duties and assignments; (7) any projected impact on-- (A) the ability of regular border crossers and border community residents to cross the border efficiently; and (B) the privacy and civil liberties of border community residents (as identified by medical professionals), border community stakeholders (including elected officials, educators, and business leaders), and civil rights experts; (8) detailed performance measures and benchmarks that can be used to evaluate how effective these technologies are in helping to expedite legal trade and travel while enhancing security at ports of entry; and (9) the estimated costs and an acquisition plan for implementing the steps identified in the plan, including-- (A) achieving pre-primary, high-throughput scanning at all feasible land and rail ports of entry within the timeframes specified in paragraph (1); (B) reducing passenger and pedestrian wait times; (C) the acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems and other technologies identified in the plan; and (D) associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. (c) Small Business Opportunities.--The acquisition plan required under subsection (b)(9) shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a))). (d) Modernization of Port of Entry Infrastructure.--The Secretary is authorized to develop and implement a plan that-- (1) identifies infrastructure improvements at ports of entry that would-- (A) enhance the ability to process asylum seekers; (B) facilitate daily pedestrian and vehicular trade and traffic; and (C) detect, interdict, disrupt, and prevent fentanyl, other synthetic opioids, and other narcotics and psychoactive substances and associated contraband from entering the United States; (2) describes circumstances in which effective technology in use at certain ports of entry smart cannot be implemented at other ports of entry, including-- (A) infrastructure constraints that would impact the ability to deploy detection equipment to improve the ability of such officers to identify such drugs and other dangers that are being illegally transported into the United States; and (B) mitigation measures that could be implemented at these ports of entry; and (3) includes other improvements to infrastructure and safety equipment that are needed to protect officers from inclement weather, surveillance by smugglers, and accidental exposure to narcotics or other dangers associated with the inspection of potential drug traffickers. (e) Authorization of Appropriations.--There are authorized to be appropriated such funds as may be necessary to implement the plans required under this section. SEC. 2302. DEPLOYING SMART TECHNOLOGY AT THE SOUTHERN BORDER. (a) In General.--The Secretary is authorized to develop and implement a strategy to manage and secure the southern border of the United States by deploying smart technology-- (1) to enhance situational awareness along the border; and (2) to counter transnational criminal networks. (b) Contents.--The smart technology strategy described in subsection (a) shall include-- (1) a comprehensive assessment of the physical barriers, levees, technologies, tools, and other devices that are currently in use along the southern border of the United States; (2) the deployment of technology between ports of entry that focuses on flexible solutions that can expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated, broken out by U.S. Border Patrol sector; (3) the specific steps that may be taken in each U.S. Border Patrol sector during the next 5 years to identify technology systems and tools that can help provide situational awareness of the southern border; (4) an explanation for why each technology, tool, or other device was recommended to achieve and maintain situational awareness of the southern border, including-- (A) the methodology used to determine which type of technology, tool, or other device was recommended; (B) a specific description of how each technology will contribute to the goal of evaluating the performance and identifying the effectiveness rate of U.S. Border Patrol agents and operations; and (C) a privacy evaluation of each technology, tool, or other device that examines their potential impact on border communities; (5) cost-effectiveness calculations for each technology, tool, or other device that will be deployed, including an analysis of the cost per mile of border surveillance; (6) a cost justification for each instance a more expensive technology, tool, or other device is recommended over a less expensive option in a given U.S. Border Patrol sector; and (7) performance measures that can be used to evaluate the effectiveness of each technology deployed and of U.S. Border Patrol operations in each sector. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to implement this section. SEC. 2303. INDEPENDENT OVERSIGHT ON PRIVACY RIGHTS. The Office of the Inspector General for the Department of Homeland Security shall conduct oversight to ensure that-- (1) the technology used by U.S. Customs and Border Protection is-- (A) effective in serving a legitimate agency purpose; (B) the least intrusive means of serving such purpose; and (C) cost effective; (2) guidelines are developed for using such technology to ensure appropriate limits on data collection, processing, sharing, and retention; and (3) the Department of Homeland Security has consulted with stakeholders, including affected border communities, in the development of any plans to expand technology. SEC. 2304. TRAINING AND CONTINUING EDUCATION. (a) Mandatory Training and Continuing Education To Promote Agent and Officer Safety and Professionalism.--The Secretary is authorized to establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement receives training upon onboarding regarding accountability, standards for professional and ethical conduct, and oversight. (b) Curriculum.--The training required under subsection (a) shall include-- (1) best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations, responding to grievances, and how to refer complaints to the Immigration Detention Ombudsman; (2) interaction with vulnerable populations; and (3) standards of professional and ethical conduct. (c) Continuing Education.-- (1) In general.--The Secretary shall require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsection (a) to participate in continuing education. (2) Constitutional authority subject matter.--Continuing education required under paragraph (1) shall include training regarding-- (A) the protection of the civil, constitutional, human, and privacy rights of individuals; and (B) use of force policies applicable to agents and officers. (3) Administration.--Courses offered as part of continuing education under this subsection shall be administered in coordination with the Federal Law Enforcement Training Centers. (d) Medical Training for U.S. Border Patrol Agents.-- (1) In general.--Section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended-- (A) in subsection (l)-- (i) by striking ``The Commissioner'' and inserting the following: ``(1) Continuing education.--The Commissioner''; and (ii) by adding at the end the following: ``(2) Medical training for u.s. border patrol agents.-- ``(A) In general.-- ``(i) Availability.--Beginning not later than 6 months after the date of the enactment of the U.S. Citizenship Act, the Commissioner shall make available, in each U.S. Border Patrol sector, at no cost to U.S. Border Patrol agents selected for such training, emergency medical technician (referred to in this paragraph as `EMT') and paramedic training, including pediatric medical training, which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care. ``(ii) Use of official duty time.--A U.S. Border Patrol agent shall be credited with work time for any EMT or paramedic training provided to such agent under clause (i) in order to achieve or maintain an EMT or paramedic certification. ``(iii) Obligated overtime.--A U.S. Border Patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred, pursuant to section 5550(b) of title 5, United States Code, in order to achieve or maintain a paramedic certification. ``(iv) Lodging and per diem.--Lodging and per diem shall be made available to U.S. Border Patrol agents attending training described in clause (i) if such training is not available at a location within commuting distance of the agent's residence or worksite. ``(v) Service commitment.--Any U.S. Border Patrol agent who completes a certification preparation program pursuant to clause (i) shall-- ``(I) complete 1 year of service as a U.S. Border Patrol agent following the completion of EMT training; ``(II) complete 3 years of service as a U.S. Border Patrol agent following the completion of paramedic training; or ``(III) reimburse U.S. Customs and Border Protection in an amount equal to the product of-- ``(aa) the cost of providing such training to such agent; multiplied by ``(bb) the percentage of the service required under subclauses (I) and (II) that the agent failed to complete. ``(B) Increase in rate of pay for border patrol medical certification.-- ``(i) EMT certification.--A U.S. Border Patrol agent who has completed EMT training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as an EMT shall receive, in addition to the pay to which the agent is otherwise entitled under this section, an amount equal to 5 percent of such pay. ``(ii) Paramedic certification.--A U.S. Border Patrol agent who has completed paramedic training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as a paramedic shall receive, in addition to the pay to which the agent is otherwise entitled under this section (except for subparagraph (A)), an amount equal to 10 percent of such pay. ``(iii) Existing certifications.--A U.S. Border Patrol agent who did not participate in the training made available pursuant to subparagraph (A)(i), but, as of the date of the enactment of the U.S. Citizenship Act, has a current State-issued or State-recognized EMT or paramedic certification, shall receive, in addition to the pay to which the agent is otherwise entitled under this section (excluding the application of clause (i) and (ii)), an amount equal to-- ``(I) 5 percent of such pay for an EMT certification; and ``(II) 10 percent of such pay for a paramedic certification. ``(C) Availability of medically trained border patrol agents.--Not later than 6 months after the date of the enactment of the U.S. Citizenship Act, the Commissioner of U.S. Customs and Border Protection shall-- ``(i) ensure that-- ``(I) U.S. Border Patrol agents with current EMT or paramedic certifications are stationed at each U.S. Border Patrol sector and remote station along the southern border to the greatest extent possible; ``(II) not fewer than 10 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have EMT certifications; and ``(III) not fewer than 1 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have paramedic certifications; and ``(ii) in determining the assigned posts of U.S. Border Patrol agents who have received training under subparagraph (A)(i), give priority to remote stations and forward operating bases. ``(D) Medical supplies.-- ``(i) Minimum list.--The Commissioner of U.S. Customs and Border Protection shall provide minimum medical supplies to each U.S. Border Patrol agent with an EMT or paramedic certification and to each U.S. Border Patrol sector, including all remote stations and forward operating bases, for use while on patrol, including-- ``(I) supplies designed for children; ``(II) first aid kits; and ``(III) oral hydration, such as water. ``(ii) Consultation.--In developing the minimum list of medical supplies required under clause (i), the Commissioner shall consult national organizations with expertise in emergency medical care, including emergency medical care of children. ``(E) Motor vehicles.--The Commissioner of U.S. Customs and Border Protection shall make available appropriate motor vehicles to U.S. Border Patrol agents with current EMT or paramedic certifications to enable them to provide necessary emergency medical assistance. ``(F) GAO report.--Not later than 3 years after the date of the enactment of the U.S. Citizenship Act, the Comptroller General of the United States shall-- ``(i) review the progress of the U.S. Customs and Border Protection's promotion in reaching the goal of up to 10 percent of all U.S. Border Patrol agents having EMT or paramedic certifications; and ``(ii) provide a recommendation to Congress as to whether-- ``(I) the Commissioner of U.S. Customs and Border Protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for U.S. Border Patrol agents under this paragraph; ``(II) additional incentive modifications are needed to achieve or maintain the goal, including pay differentials; and ``(III) the 10 percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of U.S. Border Patrol operations, including whether the number is too high or too low.''; and (B) in subsection (r), by striking ``section, the terms'' and inserting the following: ``section-- ``(1) the term `child' means any individual who has not reached 18 years of age; and ``(2) the terms''. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out section 411(l)(2) of the Homeland Security Act of 2002, as added by paragraph (1). (e) Identifying and Treating Individuals Experiencing Medical Distress.-- (1) Online training.-- (A) In general.--Beginning on the date that is 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall require all U.S. Border Patrol agents, including agents with EMT or paramedic certification, to complete an online training program that meets nationally recognized standards for the medical care of children to enable U.S. Border Patrol agents-- (i) to identify common signs of medical distress in children; and (ii) to ensure the timely transport of sick or injured children to an appropriate medical provider. (B) Contract.--In developing or selecting an online training program under subparagraph (A), the Commissioner may enter into a contract with a national professional medical association of pediatric medical providers. (2) Voice access to medical professionals.-- (A) In general.--The Commissioner of U.S. Customs and Border Protection shall ensure that all remote U.S. Border Patrol stations, forward operating bases, and remote ports of entry along the southern border of the United States have 24-hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals, including children, taken into custody near the United States border. (B) Acceptable means of access.--Access under subparagraph (A) may be accomplished through mobile phones, satellite mobile radios, or other means prescribed by the Commissioner. (f) Commercial Driver Program.-- (1) Establishment.--The Commissioner of U.S. Customs and Border Protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring, beginning not later than 1 year after the date of the enactment of this Act, that-- (A) not fewer than 300 U.S. Border Patrol agents assigned to remote U.S. Border Patrol stations have a commercial driver's license with a passenger endorsement for detainee transport; (B) in each of the El Paso, Laredo, Rio Grande Valley, San Diego, Yuma, and Tucson U.S. Border Patrol Sectors-- (i) not fewer than 5 U.S. Border Patrol agents with a commercial driver's license are available during every shift; and (ii) not fewer than 3 buses are assigned to the sector; and (C) in each of the Big Bend, Del Rio, and El Centro U.S. Border Patrol Sectors-- (i) not fewer than 2 U.S. Border Patrol agents with a commercial driver's license are available during every shift; and (ii) not fewer than 1 bus is assigned to the sector. (2) Relocation.--Buses assigned to specific U.S. Border Patrol sectors pursuant to paragraph (1) may be relocated to other sectors in response to changing patterns. (3) Reducing wait times at remote u.s. border patrol stations.--The Commissioner of U.S. Customs and Border Protection shall ensure that sufficient buses are available in each U.S. Border Patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations. (4) Use of official duty time.--A U.S. Border Patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver's license under paragraph (1). (5) Reports to congress.--The Secretary shall submit quarterly reports regarding the average length of detainees' stay at U.S. Border Patrol stations to-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. SEC. 2305. GAO STUDY OF WAIVER OF ENVIRONMENTAL AND OTHER LAWS. The Comptroller General of the United States shall study the impact of the authority of the Secretary, under section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 note), to waive otherwise applicable legal requirements to expedite the construction of barriers and roads near United States borders, including the impact of such waiver on the environment, Indian lands, and border communities. SEC. 2306. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY COMMITTEE. (a) In General.--Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section 415 the following: ``SEC. 416. BORDER COMMUNITY STAKEHOLDER ADVISORY COMMITTEE. ``(a) Definitions.--In this section: ``(1) Advisory committee.--The term `Advisory Committee' means the Border Community Stakeholder Advisory committee established pursuant to subsection (b). ``(2) Border community stakeholder.--The term `border community stakeholder' means an individual who has ownership interests or resides near an international land border of the United States, including-- ``(A) an individual who owns land within 10 miles of an international land border of the United States; ``(B) a business leader of a company operating within 100 miles of a land border of the United States; ``(C) a local official from a community on a land border of the United States; ``(D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and ``(E) a representative of a human rights or civil rights organization operating near a land border of the United States. ``(b) Establishment.--The Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee. ``(c) Duties.-- ``(1) In general.--The Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. ``(2) Recommendations.--The Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. ``(d) Membership.-- ``(1) Appointment.-- ``(A) In general.--The Secretary shall appoint the members of the Advisory Committee. ``(B) Composition.--The Advisory Committee shall be composed of-- ``(i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and ``(ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities. ``(2) Term of office.-- ``(A) Terms.--The term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms. ``(B) Removal.--The Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. ``(3) Prohibition on compensation.--The members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee. ``(4) Meetings.-- ``(A) In general.--The Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. ``(B) Public meetings.--At least 1 of the meetings described in subparagraph (A) shall be open to the public. ``(C) Attendance.--The Advisory Committee shall maintain a record of the persons present at each meeting. ``(5) Member access to sensitive security information.-- ``(A) Access.--If the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member's advisory duties after voluntarily signing a nondisclosure agreement. ``(B) Restrictions on use.--The member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations. ``(6) Chairperson.--A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. ``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees.''. (b) Appropriations.--There are authorized to be appropriated such sums as may be necessary to implement this section. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296) is amended by inserting after the item relating to section 415 the following: ``Sec. 416. Border Community Stakeholder Advisory Committee.''. SEC. 2307. RESCUE BEACONS. Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. 211(o)) is amended by adding at the end the following: ``(3) Rescue beacons.--Beginning on October 1, 2021, in carrying out subsection (c)(8), the Commissioner shall purchase, deploy, and maintain additional self-powering, 9-1-1 cellular relay rescue beacons along the southern border of the United States at appropriate locations, as determined by the Commissioner, to effectively mitigate migrant deaths.''. SEC. 2308. USE OF FORCE. (a) Department of Homeland Security Policies.-- (1) Issuance.--The Secretary, in coordination with the Assistant Attorney General for the Civil Rights, shall issue policies governing the use of force by all Department of Homeland Security personnel. (2) Consultation requirement.--In developing policies pursuant to paragraph (1), the Secretary shall consult with law enforcement and civil rights organizations to ensure that such policies-- (A) focus law enforcement efforts and tactics on protecting public safety and national security that are consistent with our Nation's values; and (B) leverage best practices and technology to provide such protection. (b) Public Reporting.--Not later than 24 hours after any use-of- force incident that results in serious injury to, or the death of, an officer, agent, or member of the public, the Secretary shall-- (1) make the facts of such incident public; and (2) comply fully with the requirements set forth in section 3 of the Death in Custody Reporting Act of 2013 (42 U.S.C. 13727a). SEC. 2309. OFFICE OF PROFESSIONAL RESPONSIBILITY. (a) In General.--The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign sufficient Office of Professional Responsibility special agents to ensure that there is 1 such special agent for every 30 officers to investigate criminal and administrative matters and misconduct by officers and other employees of U.S. Customs and Border Protection. (b) Contracts.--The Commissioner is authorized to enter into such contracts as may be necessary to carry out this section. Subtitle D--Improving Border Infrastructure for Families and Children; Cracking Down on Criminal Organizations SEC. 2401. HUMANITARIAN AND MEDICAL STANDARDS FOR INDIVIDUALS IN U.S. CUSTOMS AND BORDER PROTECTION CUSTODY. (a) In General.--The Secretary, in coordination with the Secretary of Health and Human Services, and in consultation with nongovernmental experts in the delivery of humanitarian response and health care, shall develop guidelines and protocols for basic minimum standards of care for individuals in the custody of U.S. Customs and Border Protection. (b) Issues Addressed.--The guidelines and protocols described in subsection (a) shall ensure that the staffing, physical facilities, furnishings, and supplies are adequate to provide each detainee with appropriate-- (1) medical care, including initial health screenings and medical assessments; (2) water, sanitation, and hygiene; (3) food and nutrition; (4) clothing and shelter; (5) quiet, dimly illuminated sleeping quarters if he or she is detained overnight; (6) information about available services and legal rights, in the common language spoken by the detainee, and access to a telephone; and (7) freedom to practice the detainee's religion. SEC. 2402. CHILD WELFARE AT THE BORDER. (a) Guidelines.--The Secretary, in consultation with appropriate Federal, State, and local government officials, pediatricians, and child welfare experts and private sector agencies, shall develop additional guidelines for the treatment of children in the custody of U.S. Customs and Border Protection. (b) Guiding Principle.--The guiding principle of the guidelines developed pursuant to subsection (a) shall be ``the best interest of the child'' and shall include-- (1) appropriate training for all Department of Homeland Security personnel and cooperating entity personnel who have contact with children relating to the care and custody of children; (2) ensuring the availability of qualified child welfare professionals and licensed medical professionals, as appropriate; (3) a reliable system for identifying and reporting allegations of child abuse or neglect; (4) prohibiting the removal of a child from a parent or legal guardian for the purpose of deterring individuals from migrating to the United States or promoting compliance with the United States immigration laws; (5) reasonable arrangements for unannounced visits and inspections by the Office of Inspector General of the Department of Homeland Security, nongovernmental organizations, and State and local child welfare agencies; and (6) the preservation of all records associated with children in the custody of the Department of Homeland Security, including records of-- (A) the identities of the children; (B) any known family members of the children; and (C) reported incidents of abuse of the children while in custody. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to implement this section. SEC. 2403. OFFICE OF INSPECTOR GENERAL OVERSIGHT. Not later than 6 months after the date of the enactment of this Act and every 6 months thereafter, the Inspector General of the Department of Homeland Security, in coordination with the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees regarding-- (1) the status of the implementation of sections 2401 and 2402; and (2) findings made after announced and unannounced inspections to Department of Homeland Security facilities. SEC. 2404. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING NETWORKS AND TRAFFICKING ORGANIZATIONS. The Attorney General and the Secretary shall expand collaboration on the investigation and prosecution of human smuggling networks and trafficking organizations targeting migrants, asylum seekers, and unaccompanied children and operating at the southwestern border of the United States, including the continuation and expansion of anti- trafficking coordination teams. SEC. 2405. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING SCHEMES. (a) In General.--Section 274(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (2) by inserting after clause (ii) the following: ``(iii) in the case of a violation of subparagraph (A)(i) during and in relation to which the person, while acting for profit or other financial gain, knowingly directs or participates in a scheme to cause 10 or more persons (other than a parent, spouse, sibling, son or daughter, grandparent, or grandchild of the offender) to enter or to attempt to enter the United States at the same time at a place other than a designated port of entry or place other than designated by the Secretary, be fined under title 18, United States Code, imprisoned not more than 15 years, or both;''; and (3) in clause (iv), as redesignated, by inserting ``commits or attempts to commit sexual assault of,'' after ``section 1365 of title 18, United States Code) to,''. (b) Bulk Cash Smuggling.--Section 5332(b)(1) of title 31, United States Code, is amended-- (1) in the paragraph heading, by striking ``Term of imprisonment.--'' and inserting ``In general.--''; and (2) by inserting ``, fined under title 18, or both'' after ``5 years''. SEC. 2406. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND MONEY LAUNDERING. (a) Financial Sanctions Expansion.--The Secretary of the Treasury, the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of Central Intelligence shall expand investigations, intelligence collection, and analysis pursuant to the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to increase the identification and application of sanctions against-- (1) significant foreign narcotics traffickers and their organizations and networks; and (2) foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, or networks. (b) Specific Targets.--The activities described in subsection (a) shall specifically target foreign narcotics traffickers, their organizations and networks, and the foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, and networks that are present and operating in Central America. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (a). SEC. 2407. SUPPORT FOR TRANSNATIONAL ANTI-GANG TASK FORCES FOR COUNTERING CRIMINAL GANGS. The Director of the Federal Bureau of Investigation, the Director of the Drug Enforcement Administration, and the Secretary, in coordination with the Secretary of State, shall expand the use of transnational task forces that seek to address transnational crime perpetrated by gangs in El Salvador, Guatemala, Honduras, and any other identified country by-- (1) expanding transnational criminal investigations focused on criminal gangs in identified countries, such as MS-13 and 18th Street; (2) expanding training and partnership efforts with law enforcement entities in identified countries to disrupt and dismantle criminal gangs, both internationally and in their respective countries; (3) establishing or expanding gang-related investigative units; (4) collecting and disseminating intelligence to support related United States-based investigations; and (5) expanding programming related to gang intervention and prevention for at-risk youth. SEC. 2408. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. (a) Personnel and Structures.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 274D the following: ``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. ``(a) Illicit Spotting.-- ``(1) In general.--It shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent-- ``(A) to gain financially; and ``(B) to violate-- ``(i) the immigration laws; ``(ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-125)); ``(iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or ``(iv) any Federal law relating to border controls measures of the United States. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. ``(b) Destruction of United States Border Controls.-- ``(1) In general.--It shall be unlawful to knowingly and without lawful authorization-- ``(A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or ``(B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 274D the following: ``Sec. 274E. Hindering immigration, border, and customs controls.''. TITLE III--REFORM OF THE IMMIGRANT VISA SYSTEM Subtitle A--Promoting Family Reunification SEC. 3101. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY. (a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows: ``(c) Worldwide Level of Family-Sponsored Immigrants.-- ``(1) In general.--The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of-- ``(A) 480,000; ``(B) the number computed under paragraph (2); and ``(C) the number computed under paragraph (3). ``(2) Unused visa numbers from previous fiscal year.--The number computed under this paragraph for a fiscal year is the difference, if any, between-- ``(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and ``(B) the number of visas issued under section 203(b) during the previous fiscal year. ``(3) Unused visa numbers from fiscal years 1992 through 2020.--The number computed under this paragraph is the difference, if any, between-- ``(A) the difference, if any, between-- ``(i) the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2020; and ``(ii) the number of visas issued under section 203(a) during such fiscal years; and ``(B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2020 under section 203(a).''. (b) Worldwide Level of Employment-Based Immigrants.--Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.-- ``(1) In general.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- ``(A) 170,000; ``(B) the number computed under paragraph (2); and ``(C) the number computed under paragraph (3). ``(2) Unused visa numbers from previous fiscal year.--The number computed under this paragraph for a fiscal year is the difference, if any, between-- ``(A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and ``(B) the number of visas issued under section 203(a) during the previous fiscal year. ``(3) Unused visa numbers from fiscal years 1992 through 2020.--The number computed under this paragraph is the difference, if any, between-- ``(A) the difference, if any, between-- ``(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2020; and ``(ii) the number of visas issued under section 203(b) during such fiscal years; and ``(B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2020 under section 203(b).''. (c) Effective Date.--The amendments made by this section shall apply to each fiscal year beginning with fiscal year 2022. SEC. 3102. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL PERMANENT RESIDENTS AS IMMEDIATE RELATIVES. (a) In General.--Section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows: ``(2) Immediate relatives.-- ``(A) In general.-- ``(i) Immediate relative defined.--In this Act, the term `immediate relative' includes-- ``(I) a child, spouse, and parent of a citizen of the United States, except that, in the case of parents, such citizen of the United States shall be at least 21 years of age; ``(II) a child or spouse of a lawful permanent resident; and ``(III) for each family member of a citizen of the United States or lawful permanent resident described in subclauses (I) and (II), the family member's spouse or child who is accompanying or following to join the family member. ``(ii) Previously issued visa.--A noncitizen admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to his or her immediate relative accompanying parent is an immediate relative. ``(iii) Parents and children.--A noncitizen who was the child or parent of a citizen of the United States or a child of a lawful permanent resident on the date of the death of the United States citizen or lawful permanent resident is an immediate relative if the noncitizen files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such date or before attaining 21 years of age. ``(iv) Spouses.--A noncitizen who was the spouse of a citizen of the United States or lawful permanent resident for not less than 2 years on the date of death of the United States citizen or lawful permanent resident (or, if married for less than 2 years on such date, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and the noncitizen was not legally separated from the citizen of the United States or lawful permanent resident on such date) and each child of such noncitizen shall be considered, for purposes of this subsection, an immediate relative after such date if the spouse files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse remarries. ``(v) Special rule.--For purposes of this subparagraph, a noncitizen who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or lawful permanent residence on account of the abuse. ``(B) Birth during temporary visit abroad.--A noncitizen born to a lawful permanent resident during a temporary visit abroad is an immediate relative.''. (b) Allocation of Immigrant Visas.--Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended-- (1) in paragraph (1), by striking ``23,400'' and inserting ``26.5 percent of such worldwide level''; (2) by striking paragraph (2) and inserting the following: ``(2) Unmarried sons and unmarried daughters of lawful permanent residents.--Qualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of lawful permanent residents shall be allocated visas in a number not to exceed 16.8 percent of such worldwide level, plus any visas not required for the class specified in paragraph (1).''; (3) in paragraph (3), by striking ``23,400'' and inserting ``16.8 percent of such worldwide level''; and (4) in paragraph (4), by striking ``65,000'' and inserting ``39.9 percent of such worldwide level''. (c) Conforming Amendments.-- (1) Rules for determining whether certain noncitizens are immediate relatives.--Section 201(f) of the Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended-- (A) in paragraph (1), by striking ``paragraphs (2) and (3),'' and inserting ``paragraph (2),''; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as redesignated by subparagraph (C), by striking ``through (3)'' and inserting ``and (2)''. (2) Allocation of immigration visas.--Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``subsections (a)(2)(A) and (d)'' and inserting ``subsection (d)''; (ii) in subparagraph (A), by striking ``becomes available for such noncitizen (or, in the case of subsection (d), the date on which an immigrant visa number became available for the noncitizen's parent),'' and inserting ``became available for the noncitizen's parent,''; and (iii) in subparagraph (B), by striking ``applicable''; (B) by amending paragraph (2) to read as follows: ``(2) Petition described.--The petition described in this paragraph is a petition filed under section 204 for classification of a noncitizen's parent under subsection (a), (b), or (c).''; and (C) in paragraph (3), by striking ``subsections (a)(2)(A) and (d)'' and inserting ``subsection (d)''. (3) Procedure for granting immigrant status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended-- (A) in subsection (a)(1)-- (i) in subparagraph (A)-- (I) in clause (i), by inserting ``or lawful permanent resident'' after ``citizen of the United States''; (II) in clause (ii), by striking ``described in the second sentence of section 201(b)(2)(A)(i) also'' and inserting ``, noncitizen child, or noncitizen parent described in section 201(b)(2)(A)''; (III) in clause (iii)-- (aa) in subclause (I)(aa), by inserting ``or lawful permanent resident'' after ``citizen''; and (bb) in subclause (II)(aa)-- (AA) in subitems (AA) and (BB), by inserting ``or lawful permanent resident;'' after ``citizen of the United States'' each place it appears; and (BB) in subitem (CC), by inserting ``or lawful permanent resident'' after ``United States citizen'' each place it appears and by inserting ``or lawful permanent resident'' after ``citizenship''; (IV) in clause (iv)-- (aa) by striking ``citizen of the United States'' and inserting ``United States citizen or lawful permanent resident parent''; (bb) by inserting ``or lawful permanent resident'' after ``United States citizen''; (cc) by inserting ``or lawful permanent resident'' after ``citizenship''; (dd) by striking ``citizen parent may'' and inserting ``United States citizen or lawful permanent resident parent may''; (ee) by striking ``citizen parent.'' and inserting ``United States citizen or lawful permanent resident parent.''; and (ff) by striking ``residence includes'' and inserting ``residence with a parent includes''; (V) in clause (v)(I), by inserting ``or lawful permanent resident'' after ``citizen''; (VI) in clause (vi)-- (aa) by inserting ``or lawful permanent resident status'' after ``renunciation of citizenship''; and (bb) by inserting ``or lawful permanent resident'' after ``abuser's citizenship''; and (VII) in clause (viii)(I)-- (aa) by striking ``citizen of the United States'' and inserting ``United States citizen or lawful permanent resident''; and (bb) by inserting ``or lawful permanent resident'' after ``the citizen''; (ii) by striking subparagraph (B); (iii) in subparagraph (C), by striking ``subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and inserting ``clause (iii) or (iv) of subparagraph (A)''; (iv) in subparagraph (D)-- (I) in clause (i)(I), by striking ``clause (iv) of section 204(a)(1)(A) or section 204(a)(1)(B)(iii)'' each place it appears and inserting ``subparagraph (A)(iv)''; (II) in clause (ii), by striking ``subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii)'' and inserting ``clause (iii) or (iv) of subparagraph (A)''; (III) in clause (iv), by striking ``subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and inserting ``clause (iii) or (iv) of subparagraph (A)''; and (IV) in clause (v), by striking ``or (B)(iii)''; (v) in subparagraph (J)-- (I) by striking ``or clause (ii) or (iii) of subparagraph (B)''; and (II) by striking ``subparagraphs (C) and (D)'' and inserting ``subparagraphs (B) and (C)''; and (vi) by redesignating subparagraphs (C) through (L) as subparagraphs (B) through (K), respectively; (B) in subsection (a), by striking paragraph (2); (C) in subsection (h)-- (i) in the first sentence, by striking ``or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(1)''; and (ii) in the second sentence-- (I) by striking ``section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)'' and inserting ``subsection (a)(1)(A)(iii)''; and (II) by striking ``section 204(a)(1)(A) or in section 204(a)(1)(B)(iii)'' and inserting ``subsection (a)(1)(A)''; (D) in subsection (i)(1), by striking ``subsection (a)(4)(D)'' and inserting ``subsection (a)(1)(D)''; (E) in subsection (j), by striking ``subsection (a)(1)(D)'' and inserting ``subsection (a)(1)(E)''; and (F) in subsection l(1)-- (i) by striking ``who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States''; and (ii) by striking ``any related applications,'' and inserting ``any related applications (including affidavits of support),''. (4) Additional conforming amendments.-- (A) Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended-- (i) in paragraph (50), by striking ``, 204(a)(1)(B)(ii)(II)(aa)(BB),''; and (ii) in paragraph (51)-- (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (B) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended-- (i) by striking subclause (II); and (ii) by redesignating subclause (III) as subclause (II). (C) Section 240(c)(7)(C)(iv)(I) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)(C)(iv)(I)) is amended by striking ``, clause (ii) or (iii) of section 204(a)(1)(B),''. SEC. 3103. ADJUSTMENT OF FAMILY-SPONSORED PER-COUNTRY LIMITS. Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended-- (1) in paragraph (2), by striking ``7 percent (in the case of a single foreign state) or 2 percent'' and inserting ``20 percent (in the case of a single foreign state) or 5 percent''; and (2) by amending paragraph (4) to read as follows: ``(4) Limiting pass down for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(a)(2) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(a)(2) consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) of section 203(a) under subsection (e)(2) all visas shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section.''. SEC. 3104. PROMOTING FAMILY UNITY. (a) Repeal of 3-Year, 10-Year, and Permanent Bars.--Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended to read as follows: ``(9) Noncitizens previously removed.-- ``(A) Arriving noncitizen.--Any noncitizen who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the noncitizen's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible. ``(B) Other noncitizens.--Any noncitizen not described in subparagraph (A) who seeks admission within 10 years of the date of such noncitizen's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible if the noncitizen-- ``(i) has been ordered removed under section 240 or any other provision of law; or ``(ii) departed the United States while an order of removal was outstanding. ``(C) Exception.--Subparagraphs (A) and (B) shall not apply to a noncitizen seeking admission within a period if, prior to the date of the noncitizen's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the noncitizen's reapplying for admission.''. (b) Misrepresentation of Citizenship.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (1) in section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)), by amending clause (ii) to read as follows: ``(ii) Misrepresentation of citizenship.-- ``(I) In general.--Any noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. ``(II) Exception.--In the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in subclause (I), the noncitizen shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation.''; and (2) in section 237(a)(3) (8 U.S.C. 1227(a)(3)), by amending subparagraph (D) to read as follows: ``(D) Misrepresentation of citizenship.-- ``(i) In general.--Any noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. ``(ii) Exception.--In the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in clause (i), the noncitizen shall not be considered to be deportable under any provision of this subsection based on such misrepresentation.''. SEC. 3105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS. (a) Processing of Immigrant Visas and Derivative Petitions.-- (1) In general.--Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is amended-- (A) by striking ``(b) After an investigation'' and inserting the following: ``(b) Approval of Petition.-- ``(1) In general.--After an investigation''; and (B) by adding at the end the following: ``(2) Death of qualifying relative.-- ``(A) In general.--A noncitizen described in subparagraph (C) the qualifying relative of whom dies before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. ``(B) Continued validity of visa.--An immigrant visa issued to a noncitizen before the death of his or her qualifying relative shall remain valid after such death. ``(C) Noncitizen described.--A noncitizen described in this subparagraph is a noncitizen who, at the time of the death of his or her qualifying relative, was-- ``(i) an immediate relative (as described in section 201(b)(2)(A)); ``(ii) a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); ``(iii) a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or ``(iv) the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)).''. (2) Transition period.-- (A) In general.--Notwithstanding a denial or revocation of an application for an immigrant visa for a noncitizen the qualifying relative of whom dies before the date of the enactment of this Act, such application may be renewed by the noncitizen by a motion to reopen, without fee. (B) Inapplicability of bars to entry.-- Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), the application for an immigrant visa of a noncitizen the qualifying relative of whom died before the date of the enactment of this Act shall be considered if the noncitizen was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act. (b) Eligibility for Parole.--If a noncitizen described in section 204(l) of the Immigration and Nationality Act (8 U.S.C. 1154(l)), was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act-- (1) such noncitizen shall be eligible for parole into the United States pursuant to the Secretary's discretionary authority under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and (2) such noncitizen's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). (c) Naturalization.--Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ``(or, if the spouse is deceased, the spouse was a citizen of the United States)'' after ``citizen of the United States''. (d) Family-Sponsored Immigrants.--Section 212(a)(4)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(C)(i)), as amended by section 3102, is further amended-- (1) in subclause (I), by striking ``, or'' and inserting a semicolon; and (2) by adding at the end the following: ``(III) status as a surviving relative under section 204(l); or''. SEC. 3106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO ARE NATIVES OF THE PHILIPPINES. (a) Short Title.--This section may be cited as the ``Filipino Veterans Family Reunification Act''. (b) Noncitizens Not Subject to Direct Numerical Limitations.-- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Noncitizens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note).''. SEC. 3107. FIANCEE OR FIANCE CHILD STATUS PROTECTION. (a) In General.--Section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended-- (1) in clause (ii), by striking ``section 201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)(A)(i)(I)''; and (2) by amending clause (iii) to read as follows: ``(iii) is the minor child of a noncitizen described in clause (i) or (ii) and is accompanying or following to join the noncitizen, the age of such child to be determined as of the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen's parent as the fiancee or fiance of a United States citizen (in the case of a noncitizen parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent described in clause (ii));''. (b) Adjustment of Status Authorized.--Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) in paragraph (1)-- (A) in the third sentence-- (i) by striking ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)''; and (ii) by striking ``paragraph (3)(B)(i)'' and inserting ``paragraph (4)(B)(i)''; and (B) by striking the last sentence; and (3) by inserting after paragraph (1) the following: ``(2)(A) If a noncitizen does not marry the petitioner under paragraph (1) within 90 days after the noncitizen and the noncitizen's minor children are admitted into the United States, such noncitizen and children shall be required to depart from the United States. If such noncitizens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. ``(B) Subject to subparagraphs (C) and (D), if a noncitizen marries the petitioner described in section 101(a)(15)(K)(i) within 90 days after the noncitizen and the noncitizen's minor children are admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the noncitizen, and any minor children accompanying or following to join the noncitizen, to that of a lawful permanent resident on a conditional basis under section 216 if the noncitizen and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. ``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to a noncitizen who is eligible to apply for adjustment of status to that of a lawful permanent resident under this section. ``(D) A noncitizen eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of status to that of a lawful permanent resident under this section.''. (c) Age Determination.--Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1255(d)) is amended-- (1) by inserting ``(1)'' before ``The Attorney General''; and (2) by adding at the end the following: ``(2) A determination of the age of a noncitizen admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment of status to lawful permanent resident on a conditional basis under section 216, using the age of the noncitizen on the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen's parent as the fiancee or fiance of a United States citizen (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(ii)).''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 (Public Law 99-639; 100 Stat. 3537). (2) Applicability.--The amendments made by this section shall apply to all petitions or applications described in such amendments that-- (A) are pending as of the date of the enactment of this Act; or (B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. (3) Motion to reopen or reconsider.--A motion to reopen or reconsider a petition or an application described in paragraph (2)(B) shall be granted if such motion is submitted to the Secretary or the Attorney General not later than 2 years after the date of the enactment of this Act. SEC. 3108. RETENTION OF PRIORITY DATES. Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended-- (1) in subsection (h), by amending paragraph (3) to read as follows: ``(3) Retention of priority date.--If the age of a noncitizen is determined under paragraph (1) to be 21 years or older for purposes of subsection (d), and a parent of the noncitizen files a family-based petition for such noncitizen, the priority date for such petition shall be the original priority date issued upon receipt of the original family-based or employment-based petition for which either parent was a beneficiary.''; and (2) by adding at the end the following: ``(i) Permanent Priority Dates.-- ``(1) In general.--The priority date for any family-based or employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. ``(2) Retention of earliest priority date.--The beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable on the date on which it was filed, regardless of the category of subsequent petitions.''. SEC. 3109. INCLUSION OF PERMANENT PARTNERS. (a) Immigration and Nationality Act.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by section 1102, is further amended by adding at the end: ``(55) Permanent Partner.-- ``(A) The term `permanent partner' means an individual 18 years of age or older who-- ``(i) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; ``(ii) is financially interdependent with such other individual, except that the Secretary of Homeland Security or the Secretary of State shall have the discretion to waive this requirement on a case-by-case basis for good cause; ``(iii) is not married to or in a permanent partnership with anyone other than such other individual; ``(iv) is unable, in the jurisdiction of his or her domicile or the domicile of such other individual, to contract with such other individual a marriage cognizable under this Act; and ``(v) is not a first-degree, second-degree, or third-degree blood relation of such other individual. ``(B) Any reference to `spouse', `husband', or `wife', or to the plurals of such terms, shall be equally applicable to a permanent partner. ``(C) Any reference to `marriage', `marital union', `married', `unmarried', `wedlock', or any similar term shall be equally applicable to the union of permanent partners.''. (b) Other Immigration Legislation.--The definition of permanent partner under section 101(a)(55) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(55)), as added by subsection (a), and the meanings of the references described in that section shall apply to-- (1) the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as enacted into law by section 1(a)(4) of Public Law 106-554); (2) the Cuban Adjustment Act (8 U.S.C. 1255 note); and (3) the Violence Against Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491). (c) Inapplicability of Ceremony Requirement.--Paragraph (35) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by striking ``The term'' and inserting ``Subject to paragraph (55), the term''. SEC. 3110. DEFINITION OF CHILD. (a) Titles I and II.--Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended-- (1) in subparagraph (B), by striking ``, provided the child had not reached the age of 18 years at the time the marriage creating the status of stepchild occurred''; and (2) by adding at the end the following: ``(H)(i) a biological child of a noncitizen permanent partner if the child was under the age of 18 years on the date on which the permanent partnership was formed; or ``(ii) a child adopted by a noncitizen permanent partner while under the age of 16 years if the child-- ``(I) has been in the legal custody of, and has resided with, such adoptive parent for at least 2 years; and ``(II) was under the age of 18 years at the time the permanent partnership was formed.''. (b) Title III.--Section 101(c) of the Immigration and Nationality Act (8 U.S.C. 1101(c)) is amended-- (1) in paragraph (1), by inserting ``and an individual described in subsection (b)(1)(H)'' after ``The term `child' means an unmarried person under twenty-one years of age''; and (2) in paragraph (2), by inserting ``and the deceased permanent partner of a deceased parent, father, or mother,'' after ``deceased parent, father, and mother''. SEC. 3111. TERMINATION OF CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN NONCITIZEN PERMANENT PARTNERS AND SONS AND DAUGHTERS UPON FINDING QUALIFYING PERMANENT PARTNERSHIP IMPROPER. Section 216 of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended-- (1) in subsection (b)(1)(A)(ii), by inserting ``or has ceased to satisfy the criteria for being considered a permanent partnership under this Act,'' after ``terminated,''; (2) in subsection (c)(4)(B), by striking ``terminated (other than through the death of the spouse)'' and inserting ``terminated, or has ceased to satisfy the criteria for being considered a permanent partnership under this Act, other than through the death of the spouse,''; and (3) in subsection (d)(1)(A)(i)(II), by inserting ``or has not ceased to satisfy the criteria for being considered a permanent partnership under this Act,'' after ``terminated,''. SEC. 3112. NATIONALITY AT BIRTH. Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended by adding at the end the following: ``(i) Any reference to `a person born of parents' in this section shall include-- ``(1) any legally recognized parent-child relationship formed within the first year of a person's life regardless of any genetic or gestational relationship; ``(2) either parent of a child born through assisted reproductive technology who is legally recognized as a parent in the relevant jurisdiction regardless of any genetic or gestational relationship; and ``(3) the spouse of a parent at the time of birth, in any case in which-- ``(A) at least 1 parent is a legally recognized parent; and ``(B) the marriage occurred before the child's birth and is recognized in the United States, regardless of where the parents reside.''. Subtitle B--National Origin-Based Antidiscrimination for Nonimmigrants SEC. 3201. EXPANSION OF NONDISCRIMINATION PROVISION. Section 202(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is amended-- (1) by inserting ``or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit'' after ``immigrant visa''; (2) by inserting ``religion,'' after ``sex,''; and (3) by inserting ``, except if expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors'' before the period at the end. SEC. 3202. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT THE ENTRY OF A CLASS OF NONCITIZENS. Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) is amended to read as follows: ``(f) Authority To Suspend or Restrict the Entry of a Class of Noncitizens.-- ``(1) In general.--Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any noncitizens or any class of noncitizens into the United States would undermine the security or public safety of the United States, or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily-- ``(A) suspend the entry of such noncitizens or class of noncitizens as immigrants or nonimmigrants; or ``(B) impose any restriction on the entry of such noncitizens that the President considers appropriate. ``(2) Limitations.--In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall-- ``(A) issue a suspension or restriction only to the extent required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); ``(B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; ``(C) specify the duration of the suspension or restriction and set forth evidence justifying such duration; ``(D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and ``(E) comply with all provisions of this Act, including section 202(a)(1)(A). ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(B) Briefing and report.--Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to the appropriate committees of Congress that describes-- ``(i) the action taken pursuant to paragraph (1) and the specified objective of such action; and ``(ii) the estimated number of individuals who will be impacted by such action; ``(I) the constitutional and legislative authority under which such action took place; and ``(II) the circumstances necessitating such action, including how such action complies with paragraph (2) and any intelligence informing such action. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to the appropriate committees of Congress during the 48-hour period after the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Publication.--The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in subparagraph (B) in the Federal Register. ``(4) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(B) Class action.--Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. ``(5) Treatment of commercial airlines.--If the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary may suspend the entry of some or all noncitizens transported to the United States by such airline. ``(6) Reporting requirements.-- ``(A) In general.--Not later than 30 days after the date on which the President exercises the authority under this subsection, and every 30 days thereafter until the conclusion of such an exercise of authority, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes the following: ``(i) For each country affected by such a suspension or restriction-- ``(I) the total number of individuals who applied for a visa, disaggregated by visa category; ``(II) the total number of such visa applicants who were approved, disaggregated by visa category; ``(III) the total number of such visa applicants who were refused, disaggregated by visa category, and the reasons they were refused; ``(IV) the total number of such visa applicants whose applications remain pending, disaggregated by visa category; ``(V) the total number of such visa applicants who were granted a waiver, disaggregated by visa category; ``(VI) the total number of such visa applicants who were denied a waiver, disaggregated by visa category, and the reasons such waiver requests were denied; and ``(VII) the total number of refugees admitted. ``(ii) Specific evidence supporting the need for the continued exercise of presidential authority under this subsection, including the information described in paragraph (3)(B). ``(B) Effect of noncompliance.--If a report required by subparagraph (A) is not timely submitted, the suspension or restriction shall immediately terminate absent intervening congressional action. ``(C) Final report.--Not later than 30 days after the conclusion of a suspension or restriction under this subsection, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes, for the entire period of the suspension or restriction, the information described clauses (i) and (ii) of subparagraph (A). ``(D) Form; availability.--Each report required by this paragraph shall be made publicly available on an internet website in unclassified form. ``(7) Rule of construction.--Nothing in this subsection may be construed to authorize the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. ``(8) Appropriate committees of congress defined.--In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.''. Subtitle C--Diversity Immigrants SEC. 3301. INCREASING DIVERSITY VISAS. Section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)) is amended by striking ``55,000'' and inserting ``80,000''. Subtitle D--Reforming Employment-Based Immigration SEC. 3401. DOCTORAL STEM GRADUATES FROM ACCREDITED UNITED STATES UNIVERSITIES. (a) In General.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3106, is further amended by adding at the end the following: ``(G) Noncitizens who have earned a doctoral degree in a field of science, technology, engineering, or mathematics from an accredited United States institution of higher education.''. (b) Definitions.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following: ``(m) Doctoral STEM Graduates From Accredited United States Universities.--For purposes of section 201(b)(1)-- ``(1) the term `field of science, technology, engineering, or mathematics'-- ``(A) means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, physical sciences, and the summary group subsets of accounting and related services and taxation; and ``(B) may include, at the discretion of the Secretary of Homeland Security, other fields not specifically referred to in subparagraph (A) if the accredited United States institution of higher education verifies that the core curriculum for the specific field is primarily based in science, technology, engineering, or mathematics; and ``(2) the term `accredited United States institution of higher education' means an institution that-- ``(A)(i) is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); or ``(ii) is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))); and ``(B) is accredited by an accrediting body that is itself accredited by-- ``(i) the Department of Education; or ``(ii) the Council for Higher Education Accreditation.''. SEC. 3402. ADDRESSING VISA BACKLOGS. (a) Noncitizens Not Subject to Direct Numerical Limitations.-- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), as amended by section 3106 and 3401, is further amended by adding at the end the following: ``(H) Noncitizens who are beneficiaries (including derivative beneficiaries) of an approved immigrant petition bearing a priority date that is more than 10 years before the noncitizen's application for admission as an immigrant or for adjustment of status. ``(I) Noncitizens described in section 203(d).''. (b) Effective Date.--The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act. SEC. 3403. ELIMINATING EMPLOYMENT-BASED PER COUNTRY LEVELS. (a) In General.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)), as amended by section 3103(a), is further amended-- (1) in the paragraph heading, by striking ``and employment- based''; (2) by striking ``(3), (4), and (5),'' and inserting ``(3) and (4),''; (3) by striking ``subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; and (4) by striking ``such subsections'' and inserting ``such section''. (b) Conforming Amendments.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152), as amended by sections 3103, 3201, and subsection (a), is further amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area is expected to exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas to natives of that state or area under section 203(a) shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).''. (c) Country-Specific Offset.--Section 2 of the Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended-- (1) in subsection (a), by striking ``subsection (e)'' and inserting ``subsection (d)''; (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d). (d) Effective Date.--The amendments made by this section shall apply to fiscal year 2022 and each subsequent fiscal year. SEC. 3404. INCREASED IMMIGRANT VISAS FOR OTHER WORKERS. Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended-- (1) in paragraph (1) by striking ``28.6'' and inserting ``23.55''; (2) in paragraph (2)(A) by striking ``28.6'' and inserting ``23.55''; (3) in paragraph (3)-- (A) in subparagraph (A), in the matter before clause (i), by striking ``28.6'' and inserting ``41.2''; and (B) in subparagraph (B), by striking ``10,000'' and inserting ``40,000''; (4) in paragraph (4), by striking ``7.1'' and inserting ``5.85''; and (5) in paragraph (5)(A), in the matter before clause (i), by striking ``7.1'' and inserting ``5.85''. SEC. 3405. FLEXIBLE ADJUSTMENTS TO EMPLOYMENT-BASED IMMIGRANT VISA PROGRAM. Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)), as amended by section 3404, is further amended by adding at the end the following: ``(7) Geographic and labor market adjustments.--The Secretary of Homeland Security, in consultation with the Secretary of Labor, may establish, by regulation, a procedure for temporarily limiting the admission of immigrants described in paragraphs (2) and (3) in geographic areas or labor market sectors that are experiencing high levels of unemployment.''. SEC. 3406. REGIONAL ECONOMIC DEVELOPMENT IMMIGRANT VISA PILOT PROGRAM. (a) Pilot Program for Regional Economic Development Visas.-- Notwithstanding the numerical limitations in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may establish a pilot program for the annual admission of not more than 10,000 admissible immigrants whose employment is essential to the economic development strategies of the cities or counties in which they will live or work. (b) Labor Certification.--The requirements of section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) shall apply to the pilot program authorized under this section. (c) Duration.--The Secretary shall determine the duration of the pilot program authorized under this section, which may not exceed 5 years. (d) Rulemaking.--The Secretary, in consultation with the Secretary of Labor, shall issue regulations to implement the pilot program authorized under this section. SEC. 3407. WAGE-BASED CONSIDERATION OF TEMPORARY WORKERS. Section 212(p) is amended by adding at the end the following: ``(5) In determining the order in which visas shall be made available to nonimmigrants described in section 101(a)(15)(H)(i)(b), and to any other category of nonimmigrants deemed appropriate by the Secretary of Homeland Security, the Secretary of Homeland Security, in consultation with the Secretary of Labor, may issue regulations to establish procedures for prioritizing such visas based on the wages offered by employers.''. SEC. 3408. CLARIFYING DUAL INTENT FOR POSTSECONDARY STUDENTS. (a) In General.--Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who'' and inserting ``a noncitizen who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study at an institution of higher education) has a residence in a foreign country which the noncitizen has no intention of abandoning, and who''. (b) Conforming Amendments.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- (1) in subsection (b), by striking ``(other than a nonimmigrant'' and inserting ``(other than a nonimmigrant described in section 101(a)(15)(F) if the noncitizen is qualified to pursue a full course of study at an institution of higher education, other than a nonimmigrant''; and (2) in subsection (h), by inserting ``(F) (if the noncitizen is qualified to pursue a full course of study at an institution of higher education),'' before ``H(i)(b)''. SEC. 3409. H-4 VISA REFORM. (a) Protecting Children With H-4 Visas Who Age Out of Status.-- (1) In general.--Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended to read as follows: ``(4)(A) Except as provided in subparagraphs (B) and (C), the period of authorized admission of a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 6 years. ``(B) The Secretary of Homeland Security may grant an extension of nonimmigrant status under section 101(a)(15)(H)(i)(b) to a nonimmigrant until such nonimmigrant's application for adjustment of status has been processed if such nonimmigrant-- ``(i) is the beneficiary of a petition filed under section 204(a) for a preference status under paragraph (1), (2), or (3) of section 203(b); and ``(ii) is eligible to be granted such status. ``(C) A child of a nonimmigrant described in subparagraph (B) who accompanied or followed to join such nonimmigrant may apply for and receive an extension of his or her nonimmigrant status regardless of age, if-- ``(i) the nonimmigrant parent described in subparagraph (B) maintains his or her nonimmigrant status; and ``(ii) the child was younger than 18 years of age when he or she was first granted nonimmigrant status as a noncitizen accompanying or following to join such nonimmigrant parent.''. (2) Conforming amendment.--Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by adding at the end the following: ``(5) H-4 visa holders.--Notwithstanding paragraph (1), a determination of whether a nonimmigrant described in section 214(g)(4)(C) satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph (1), (2), or (3) of section 203(b) shall be made using the age of the nonimmigrant on the date on which the petitioner files a petition on behalf of the parent beneficiary with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall be used to identify the age of such nonimmigrant.''. (b) Work Authorization for H-4 Nonimmigrants.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), as amended by subsection (a)(1), is further amended by adding at the end the following: ``(s) Work Authorization for H-4 Nonimmigrants.--The Secretary of Homeland Security shall authorize a nonimmigrant spouse or child who is accompanying or following to join a nonimmigrant described in section 101(a)(15)(H)(i)(b) to engage in employment in the United States and shall provide such nonimmigrant spouse or child with an `employment authorized' endorsement or other appropriate work permit.''. SEC. 3410. EXTENSIONS RELATED TO PENDING PETITIONS. Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), as amended by sections 1204(b), 3107(b), 3408(b), and 3409, is further amended by adding at the end the following: ``(t) Extension of Status in Cases of Lengthy Adjudications.-- ``(1) Exemption from limitations.--Notwithstanding subsections (c)(2)(D), (g)(4), and (m)(1)(B)(i), the authorized stay of a noncitizen who was previously issued a visa or otherwise provided nonimmigrant status under subparagraph (F), (H)(i)(B), (L), or (O) of section 101(a)(15) may be extended pursuant to paragraph (2) if 365 days or more have elapsed since the filing of-- ``(A) an application for labor certification under section 212(a)(5)(A) if certification is required or used by a noncitizen to obtain status under section 203(b); or ``(B) a petition described in section 204(b) to obtain immigrant status under section 203(b). ``(2) Extension of status.--The Secretary of Homeland Security shall extend the stay of a noncitizen who qualifies for an extension under paragraph (1) in 1-year increments until a final decision is made-- ``(A) to deny the application described in paragraph (1)(A) or, in a case in which such application is granted, to deny a petition described in paragraph (1)(B) filed on behalf of the noncitizen pursuant to such grant; ``(B) to deny the petition described in paragraph (1)(B); or ``(C) to grant or deny the noncitizen's application for an immigrant visa or adjustment of status to that of a noncitizen lawfully admitted for permanent residence. ``(3) Work authorization.--The Secretary of Homeland Security shall authorize any noncitizen whose stay is extended under this subsection to engage in employment in the United States and provide such noncitizen with an `employment authorized endorsement' or other appropriate work permit.''. Subtitle E--Promoting Immigrant and Refugee Integration SEC. 3501. DEFINITION OF FOUNDATION. In this subtitle, the term ``Foundation'' means the United States Citizenship and Integration Foundation established under section 3502. SEC. 3502. UNITED STATES CITIZENSHIP AND INTEGRATION FOUNDATION. (a) Establishment.--The Secretary, acting through the Director of U.S. Citizenship and Immigration Services, shall establish a nonprofit corporation or a not-for-profit, public benefit, or similar entity, which shall be known as the ``United States Citizenship and Integration Foundation''. (b) Gifts to Foundation.--To carry out the purposes set forth in subsection (c), the Foundation may-- (1) solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986; (2) engage in coordinated work with the Department of Homeland Security, including U.S. Citizenship and Immigration Services; and (3) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation. (c) Purposes.--The purposes of the Foundation are-- (1) to spur innovation in the promotion and expansion of citizenship preparation programs for lawful permanent residents; (2) to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the Secretary about how to bring such best practices to scale; (3) to support direct assistance for noncitizens seeking lawful permanent resident status or naturalization as a United States citizen; and (4) to coordinate immigrant integration with State and local entities. (d) Activities.--The Foundation shall carry out the purposes described in subsection (c) by-- (1) making United States citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations; (2) developing, identifying, and sharing best practices in United States citizenship promotion and preparation; (3) supporting innovative and creative solutions to barriers faced by noncitizens seeking naturalization; (4) increasing the use of, and access to, technology in United States citizenship preparation programs; (5) engaging communities receiving immigrants in the United States citizenship and civic integration process; (6) fostering public education and awareness; (7) coordinating the immigrant integration efforts of the Foundation with such efforts of U.S. Citizenship and Immigration Services; and (8) awarding grants to State and local governments under section 3503. (e) Council of Directors.-- (1) Members.--To the extent consistent with section 501(c)(3) of the Internal Revenue Code of 1986, the Foundation shall have a council of directors (referred to in this section as the ``Council''), which shall be comprised of-- (A) the Director of U.S. Citizenship and Immigration Services; and (B) 10 individuals appointed by the Director of U.S. Citizenship and Immigration Services. (2) Qualifications.--In appointing individuals under paragraph (1)(B), the Director of U.S. Citizenship and Immigration Services shall consider individuals with experience in national private and public nonprofit organizations that promote and assist lawful permanent residents with naturalization. (3) Terms.--A member of the Council described in paragraph (1)(B) shall be appointed for a term of 4 years, except that, of the members first appointed, 5 members shall be appointed for a term of 2 years, which may be followed by renewable 4- year terms. (f) Executive Director.-- (1) In general.--The Council shall, by majority vote, appoint for 6-year renewable terms an executive director of the Foundation, who shall oversee the day-to-day operations of the Foundation. (2) Responsibilities.--The executive director shall carry out the purposes described in subsection (c) on behalf of the Foundation by-- (A) accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation; (B) entering into contracts and other financial assistance agreements with individuals, public or private organizations, professional societies, and government agencies to carry out the purposes of the Foundation; (C) entering into such other contracts, leases, cooperative agreements, and other transactions as the executive director considers appropriate to carry out the activities of the Foundation; and (D) charging such fees for professional services furnished by the Foundation as the executive director considers reasonable and appropriate. (g) Timeline.--The Foundation shall be established and operational not later than 1 year after the date of the enactment of this Act. SEC. 3503. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT STATE AND LOCAL LEVELS. (a) Grants Authorized.--The Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services (referred to in this section as the ``Chief'') shall establish a pilot program through which the Chief may award grants, on a competitive basis, to States and local governments and other qualifying entities in collaboration with States and local governments-- (1) to establish new immigrant councils to carry out programs to integrate new immigrants; and (2) to carry out programs to integrate new immigrants. (b) Qualifying Entities.--Qualifying entities under this section may include-- (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization. (c) Application.--A State or local government, or other qualifying entity in collaboration with a State or local government, seeking a grant under this section shall submit an application to the Chief at such time, in such manner, and containing such information as the Chief may reasonably require, including-- (1) a proposal to carry out 1 or more activities described in subsection (d)(3); (2) the estimated number of new immigrants residing in the geographic area of the applicant; and (3) a description of the challenges in introducing and integrating new immigrants into the State or local community. (d) Activities.--A grant awarded under this subsection shall be used-- (1) to form a new immigrant council, which shall-- (A) consist of not fewer than 15 individuals and not more than 19 representatives of the State or local government or qualifying organization, as applicable; (B) include, to the extent practicable, representatives from-- (i) business; (ii) faith-based organizations; (iii) civic organizations; (iv) philanthropic organizations; (v) nonprofit organizations, including nonprofit organizations with legal and advocacy experience working with immigrant communities; (vi) key education stakeholders, such as State educational agencies, local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and teachers; (vii) State adult education offices; (viii) State or local public libraries; and (ix) State or local governments; and (C) meet not less frequently than quarterly; (2) to provide subgrants to local communities, city governments, municipalities, nonprofit organizations (including veterans' and patriotic organizations), or other qualifying entities; (3) to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the applicable State by-- (A) improving English language skills; (B) engaging caretakers with limited English proficiency in their child's education through interactive parent and child literacy activities; (C) improving and expanding access to workforce training programs; (D) teaching United States history, civics education, and citizenship rights and responsibilities; (E) promoting an understanding of the form of government and history of the United States and the principles of the Constitution of the United States; (F) improving financial literacy; and (G) focusing on other key areas of importance to integration in United States society; and (4) to engage communities receiving immigrants in the citizenship and civic integration process by-- (A) increasing local service capacity; (B) building meaningful connections between new immigrants and long-time residents; (C) communicating the contributions of communities receiving new immigrants; and (D) engaging leaders from all sectors of the community. (e) Reporting and Evaluation.-- (1) Annual report.--Not less frequently than annually, each recipient of a grant under this section shall submit to the Chief a report that describes, for the preceding calendar year-- (A) the activities undertaken by the grant recipient, including the manner in which such activities meet the goals of the Foundation and the comprehensive plan referred to in subsection (d)(3); (B) the geographic area being served; (C) the estimated number of immigrants in such area; and (D) the primary languages spoken in such area. (2) Annual evaluation.--Not less frequently than annually, the Chief shall conduct an evaluation of the grant program under this section-- (A) to assess and improve the effectiveness of the grant program; (B) to assess the future needs of immigrants and of State and local governments with respect to immigrants; and (C) to ensure that grantees, recipients, and subgrantees are acting within the scope and purpose of this section. SEC. 3504. ENGLISH AS A GATEWAY TO INTEGRATION GRANT PROGRAM. (a) Authorization.--The Assistant Secretary for Career, Technical, and Adult Education in the Department of Education (referred to in this section as the ``Assistant Secretary'') shall award English as a Gateway to Integration grants to eligible entities. (b) Eligibility.--An entity eligible to receive a grant under this section is a State or unit of local government, a private organization, an educational institution, a community-based organization, or a nonprofit organization that-- (1) in the case of any applicant that has previously received a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the English as a Gateway to Integration program to carry out such program; (2) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including-- (A) a description of the target population to be served, including demographics, literacy levels, and English language levels of the target population; and (B) the assessment and performance measures that the grant recipient plans to use to evaluate the English language learning progress of students and overall success of the instruction and program; (3) demonstrates collaboration with public and private entities to provide the instruction and assistance described in subsection (c)(1); (4) provides English language programs that-- (A) teach English language skills to limited English proficient (LEP) individuals who-- (i) have less than a United States high school diploma; or (ii) are parents who are caretakers of young children; (B) support and promote the social, economic, and civic integration of adult English language learners and their families; (C) equip adult English language learners for ongoing, independent study and learning beyond the classroom or formal instruction; and (D) incorporate the use of technology to help students develop digital literacy skills; and (5) is located in-- (A) 1 of the 10 States with the highest rate of foreign-born residents; or (B) a State that has experienced a large increase in the population of immigrants during the most recent 10-year period, based on data compiled by the Office of Immigration Statistics or the Census Bureau. (c) Use of Funds.-- (1) In general.--Funds awarded under this section shall be used to provide English language instruction to adult English language learners. Such instruction shall advance the integration of students to help them-- (A) build their knowledge of United States history and civics; (B) prepare for United States citizenship and the naturalization process; (C) gain digital literacy; (D) understand and navigate the early childhood, K- 12, and postsecondary education systems; (E) gain financial literacy; (F) build an understanding of the housing market and systems in the United States; (G) learn about and access the United States, State, and local health care systems; (H) prepare for a high school equivalency diploma or postsecondary training or education; and (I) prepare for and secure employment. (2) Design of program.--Funds awarded under this section shall be used to support an instructional program that may include the following elements: (A) English language instruction in a classroom setting, provided that such setting is in a geographic location accessible to the population served. (B) Online English language instruction and distance learning platforms. (C) Educational support and specialized instruction for English language learners with low levels of literacy in their first language. (D) Other online and digital components, including the use of mobile phones. (d) Certification.--To receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary. (e) Annual Report and Evaluation.--Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes-- (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; (E) the number of adult English language learners receiving assistance that was funded entirely or partially by grant funds received by the entity; and (F) a breakdown of the costs of the instruction services provided and the average per capita cost of providing such instruction. (2) An evaluation of any program of the entity using grant funds under this section, including-- (A) an assessment of-- (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the English language instruction needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs. (f) Definitions.--In this section: (1) Adult english language learner.--The term ``adult English language learner'' refers to an individual age 16 years and older who is not enrolled in secondary school and who is limited English proficient. (2) English language learner; limited english proficient.-- The terms ``English language learner'' and ``limited English proficient'' describe an individual who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. (3) State.--The term ``State'' means each of the several 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. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2022 through 2023. SEC. 3505. WORKFORCE DEVELOPMENT AND SHARED PROSPERITY GRANT PROGRAM. (a) Declaration of Policy.--It is the policy of the United States-- (1) that adults have adequate and equitable access to education and workforce programs that-- (A) help them learn basic skills in reading, writing, mathematics, and the English language; and (B) equip them with occupational skills needed to secure or advance in employment, fill employer needs, and support themselves and their families; (2) that helping adults with limited skills to attain industry-recognized postsecondary credentials strengthens the economy; and (3) that workforce programs for adults with limited skills should incorporate an integrated education and training approach that allows adults to acquire basic skills while pursuing occupational or industry-specific training. (b) Authorization.--The Assistant Secretary for Career, Technical, and Adult Education at the Department of Education (referred to in this section as the ``Assistant Secretary'') shall award Workforce Development and Shared Prosperity grants, on a competitive basis, to States or local governments, or other qualifying entities described in subsection (c) in collaboration with States and local governments. (c) Qualifying Entities.--Qualifying entities under this section may include-- (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization. (d) Eligibility.--A State or local government, or a qualifying entity in collaboration with a State or local government, is eligible to receive a grant under this section provided that the State or local government or entity-- (1) supports and promotes the economic integration of immigrants and refugees and their families; (2) has expertise in workforce development and adult education for the purpose of developing and implementing State or local programs of integrated education and training; (3) in carrying out the grant program, has, or collaborates with at least 1 entity that has-- (A) expertise in workforce development for immigrants and refugees; and (B) expertise in adult education of immigrants and refugees; (4) uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the Workforce Development and Shared Prosperity grant program; and (5) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including-- (A) a description of the target population to be served, including demographics, English language levels, educational levels, and skill levels; (B) the specific integrated education and training instructional model to be implemented; (C) how the program will be designed and implemented by educators with expertise in adult education, English language instruction, and occupational skills training; (D) how the program will prepare students to receive a high school equivalency credential; (E) how the program will prepare students to receive a postsecondary credential; (F) the occupations or industries for which the program will prepare students for employment; (G) evidence of employer demand for the skills or occupational training offered by the grant program; (H) the extent to which the program reduces the time required for students to acquire English and workforce skills; (I) how the program will increase digital literacy skills; (J) how the program will provide student support services, including guidance counseling, so as to promote student success; and (K) the assessment and performance measures that the grant recipient plans to use to evaluate-- (i) the progress of adult learners in acquiring basic skills such as reading, writing, mathematics, and the English language; and (ii) the success of the grant program in preparing students for employment and in helping them find employment or advance in employment. (e) Certification.--To receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary. (f) Technical Assistance.--The Assistant Secretary shall provide technical assistance to adult education providers on how to provide integrated education and training. (g) Annual Report and Evaluation.--Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes-- (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; and (E) a breakdown of the costs of each of the services provided and the average per capita cost of providing such services. (2) An evaluation of any program of the entity using grant funds under this section, including-- (A) an assessment of-- (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the adult education and workforce development needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs. (h) Definitions.--In this section: (1) Adult education.--The term ``adult education'' means academic instruction and education services below the postsecondary level that increase an individual's ability to read, write, speak, and understand English and perform mathematical or other activities necessary to attain a secondary school diploma or its recognized equivalent, to transition to postsecondary education and training, or to obtain employment. (2) Integrated education and training.--The term ``integrated education and training'' means instruction that provides adult education, literacy, and English language activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. (3) State.--The term ``State'' means each of the several 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. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2022 through 2023. SEC. 3506. EXISTING CITIZENSHIP EDUCATION GRANTS. (a) In General.--There is authorized to be appropriated to the Secretary not less than $25,000,000 for the purpose of awarding grants to public or private nonprofit entities for citizenship education and training (as described in number 97.010 of the Catalog of Federal Domestic Assistance), to remain available until expended. (b) Consideration of Grant Recipients.--With respect to grants administered and awarded to public or private nonprofit organizations by the Secretary, unless otherwise required by law, in making determinations about such grants, the Secretary may not consider an entity's enrollment in or use of the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). SEC. 3507. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations to carry out a program described in subsection (c) for the purpose of assisting applicants for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act. (b) Eligible Nonprofit Organization.--A nonprofit organization eligible to receive a grant under this section is a nonprofit tax- exempt organization, including a community, faith-based, or other immigrant-serving organization, the staff of which has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, noncitizens granted asylum, or noncitizens applying for such statuses. (c) Use of Funds.--Grant funds awarded under this section may be used for the design and implementation of programs that provide-- (1) information to the public relating to eligibility for and benefits of lawful prospective immigrant status under section 245B of the Immigration and Nationality Act, particularly to individuals who may be eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals in submitting applications for lawful prospective immigrant status, including-- (A) screening prospective applicants to assess eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; (C) applying for any waivers for which applicants and qualifying family members may be eligible; and (D) providing any other assistance that the Secretary or grantees consider useful or necessary in applying for lawful prospective immigrant status; (3) assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status to that of a lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act; (4) instruction to individuals with respect to-- (A) the rights and responsibilities of United States citizenship; and (B) civics and civics-based English as a second language; and (5) assistance, within the scope of authorized practice of immigration law, to individuals seeking to apply for United States citizenship. (d) Source of Grant Funds.--To carry out this section, the Secretary may use not more than $50,000,000 from the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (U.S.C. 1356(m)). (e) Availability of Appropriations.--Any amounts appropriated to carry out this section shall remain available until expended. SEC. 3508. STUDY ON FACTORS AFFECTING EMPLOYMENT OPPORTUNITIES FOR IMMIGRANTS AND REFUGEES WITH PROFESSIONAL CREDENTIALS OBTAINED IN FOREIGN COUNTRIES. (a) In General.--The Secretary of Labor, in coordination with the Secretary of State, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary, the Administrator of the Internal Revenue Service, and the Commissioner of the Social Security Administration, shall conduct a study on the factors affecting employment opportunities in the United States for applicable immigrants and refugees with professional credentials obtained in countries other than the United States. (b) Elements.--The study required by subsection (a) shall include the following: (1) An analysis of the employment history of applicable immigrants and refugees admitted to the United States during the most recent 5-year period for which data are available at the time of the study, including, to the extent practicable-- (A) an analysis of the employment held by applicable immigrants and refugees before immigrating to the United States as compared to the employment obtained in the United States, if any, since the arrival of such applicable immigrants and refugees; and (B) a consideration of the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States. (2) An assessment of any barrier that prevents applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States. (3) An analysis of existing public and private resources available to assist applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States in using such professional experience and qualifications to obtain skills-appropriate employment opportunities in the United States. (4) Policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States to use such professional experience and qualifications to obtain skills- appropriate employment opportunities in the United States. (c) Collaboration With Nonprofit Organizations and State Agencies.--In conducting the study required by subsection (a), the Secretary of Labor shall seek to collaborate with relevant nonprofit organizations and State agencies to use the existing data and resources of such entities. (d) Applicable Immigrants and Refugees.--In this section, the term ``applicable immigrants and refugees'' means-- (1) noncitizens who are lawfully present and authorized to be employed in the United States; and (2) citizens of the United States born outside the United States and its outlying possessions. SEC. 3509. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN SPECIAL IMMIGRANTS. (a) In General.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by inserting after section 135 the following: ``SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN SPECIAL IMMIGRANTS. ``(a) Requirement.--In the case of a noncitizen described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such noncitizen tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. ``(b) Noncitizen Described.--A noncitizen is described in this subsection if the noncitizen was granted-- ``(1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); ``(2) asylum under section 208 of such Act (8 U.S.C. 1158); or ``(3) special immigrant status under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pursuant to-- ``(A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (8 U.S.C. 1157 note); ``(B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note); or ``(C) section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note). ``(c) Limitations.--The requirement under subsection (a) shall apply with respect to a noncitizen only until the noncitizen has established residency in the State, and only with respect to the first State in which the noncitizen was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. ``(d) Effective Date.--This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after January 1, 2021.''. (b) Conforming Amendment.--The table of contents for the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 135 the following: ``Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants.''. SEC. 3510. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS. Section 312 (8 U.S.C. 1423) is amended by striking subsection (b) and inserting the following: ``(b) The requirements under subsection (a) shall not apply to any person who-- ``(1) is unable to comply with such requirements because of physical or mental disability, including developmental or intellectual disability; or ``(2) on the date on which the person's application for naturalization is submitted under section 334-- ``(A) is older than 65 years of age; and ``(B) has been living in the United States for 1 or more periods totaling not less than 5 years after being lawfully admitted for permanent residence. ``(c) The requirement under subsection (a)(1) shall not apply to any person who, on the date on which the person's application for naturalization is submitted under section 334-- ``(1) is older than 50 years of age and has been living in the United States for 1 or more periods totaling not less than 20 years after being lawfully admitted for permanent residence; ``(2) is older than 55 years of age and has been living in the United States for 1 or more periods totaling not less than 15 years after being lawfully admitted for permanent residence; or ``(3) is older than 60 years of age and has been living in the United States for 1 or more periods totaling not less than 10 years after being lawfully admitted for permanent residence. ``(d) The Secretary of Homeland Security may waive, on a case-by- case basis, the requirement under subsection (a)(2) for any person who, on the date on which the person's application for naturalization is submitted under section 334-- ``(1) is older than 60 years of age; and ``(2) has been living in the United States for 1 or more periods totaling not less than 10 years after being lawfully admitted for permanent residence.''. SEC. 3511. NATURALIZATION FOR CERTAIN UNITED STATES HIGH SCHOOL GRADUATES. (a) In General.--Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the following: ``SEC. 321. CITIZENSHIP FOR CERTAIN UNITED STATES HIGH SCHOOL GRADUATES. ``(a) Requirements Considered Satisfied.--In the case of a noncitizen described in subsection (b), the noncitizen shall be considered to have satisfied the requirements of section 312(a). ``(b) Noncitizen Described.--A noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section 334 that contains the following: ``(1) Transcripts from public or private schools in the United States that demonstrate the following: ``(A) The noncitizen completed grades 9 through 12 in the United States and graduated with a high school diploma. ``(B) The noncitizen completed a curriculum that reflects knowledge of United States history, government, and civics. ``(2) A copy of the noncitizen's high school diploma.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 320 the following: ``Sec. 321. Citizenship for certain United States high school graduates.''. (c) Applicability.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applicants for naturalization who apply for naturalization on or after such date. (d) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section. SEC. 3512. NATURALIZATION CEREMONIES. (a) In General.--The Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance public awareness of naturalization ceremonies. (b) Venues.--In developing the strategy under subsection (a), the Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies. SEC. 3513. NATIONAL CITIZENSHIP PROMOTION PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to promote United States citizenship. (b) Activities.--As part of the program required by subsection (a), the Secretary shall carry out outreach activities in accordance with subsection (c). (c) Outreach.--The Secretary shall-- (1) develop outreach materials targeted to noncitizens who have been lawfully admitted for permanent residence to encourage such noncitizens to apply to become citizens of the United States; (2) make such outreach materials available through-- (A) public service announcements; (B) advertisements; and (C) such other media as the Secretary considers appropriate; and (3) conduct outreach activities targeted to noncitizens eligible to apply for naturalization, including communication by text, email, and the United States Postal Service, that provides, on paper or in electronic form-- (A) notice that the individual is possibly eligible to apply for naturalization; (B) information about the requirements of United States citizenship; (C) information about the benefits of United States citizenship; (D) a pre-filled naturalization application containing the data the agency already has about the individual; (E) instructions on how to complete the application; and (F) resources for free or low-cost assistance with applying for naturalization and preparing for the English and civics exams. SEC. 3514. AUTHORIZATION OF APPROPRIATIONS FOR FOUNDATION AND PILOT PROGRAM. (a) In General.--There are authorized to be appropriated for the first 2 fiscal years after the date of the enactment of this Act such sums as may be necessary to establish the Foundation and carry out the pilot program under section 3502. (b) Use of Funds.--Amounts appropriated to establish the Foundation and carry out the pilot program under section 3502 may be invested, and any amounts resulting from such investments shall remain available for the operations of the Foundation and the pilot program without further appropriation. TITLE IV--IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS Subtitle A--Promoting Efficient Processing of Asylum Seekers, Addressing Immigration Court Backlogs, and Efficiently Repatriating Migrants Ordered Removed SEC. 4101. EXPANDING ALTERNATIVES TO DETENTION. (a) Family Case Management Program.--The Secretary shall-- (1) expand the use of the family case management program (described in section 218 of the Department of Homeland Security Appropriations Act, 2020 (8 U.S.C. 1378a)) for apprehended noncitizens who are members of family units arriving in the United States; and (2) develop additional community-based programs to increase the number of enrollees in the alternatives to detention program. (b) Nonprofit Entity Contracting Partner.--The Secretary shall contract with qualified nonprofit entities for the operation of the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a). (c) Legal Orientation.--The Secretary shall ensure that enrollees in the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a), are provided a legal orientation consistent with the program elements described in section 4105(a)(2). SEC. 4102. ELIMINATING IMMIGRATION COURT BACKLOGS. (a) Addressing Immigration Judge Shortages.--The Attorney General shall increase the total number of immigration judges by not fewer than 55 judges during each of fiscal years 2021, 2022, 2023, and 2024. (b) Qualifications and Selection.--The Attorney General shall-- (1) ensure that all newly hired immigration judges and members of the Board of Immigration Appeals are-- (A) highly qualified experts on immigration law; and (B) trained to conduct fair, impartial adjudications in accordance with applicable due process requirements; and (2) with respect to immigration judges and members of the Board of Immigration Appeals, to the extent practicable, strive to achieve an equal numerical balance in the hiring of candidates with Government experience in immigration and candidates with sufficient knowledge or experience in immigration in the private sector, including nonprofit, private bar, or academic experience. (c) Addressing Support Staff Shortages.--Subject to the availability of funds made available in advance in appropriations Acts, the Attorney General shall ensure that each immigration judge has sufficient support staff, adequate technological and security resources, and appropriate courtroom facilities. (d) Additional Board of Immigration Appeals Personnel.--The Attorney General shall increase the number of Board of Immigration Appeals staff attorneys (including necessary additional support staff) to efficiently process cases by not fewer than 23 attorneys during each of fiscal years 2021, 2022, and 2023. (e) GAO Report.--The Comptroller General of the United States shall-- (1) conduct a study of the impediments to efficient hiring of immigration court judges within the Department of Justice; and (2) propose solutions to Congress for improving the efficiency of the hiring process. SEC. 4103. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND MEMBERS OF THE BOARD OF IMMIGRATION APPEALS. (a) In General.--To ensure efficient and fair proceedings, the Director of the Executive Office for Immigration Review shall establish or expand, as applicable, training programs for immigration judges and members of the Board of Immigration Appeals. (b) Mandatory Training.--Training referred to under subsection (a) shall include the following: (1) Expansion of the training program for new immigration judges and members of the Board of Immigration Appeals to include age sensitivity, gender sensitivity, and trauma sensitivity. (2) Continuing education regarding current developments in immigration law, including through regularly available training resources and an annual conference. (3) Training on properly crafting and dictating decisions and standards of review, including improved on-bench reference materials and decision templates. SEC. 4104. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY. The Director of the Executive Office for Immigration Review shall modernize its case management, video-teleconferencing, digital audio recording, and related electronic and computer-based systems, including by allowing for electronic filing, to improve efficiency in the processing of immigration proceedings. SEC. 4105. COURT APPEARANCE COMPLIANCE AND LEGAL ORIENTATION. (a) Access to Legal Orientation Programs To Ensure Court Appearance Compliance.-- (1) In general.--The Secretary, in consultation with the Attorney General, shall establish procedures to ensure that legal orientation programs are available for all noncitizens detained by the Secretary. (2) Program elements.--Programs under paragraph (1) shall provide information to noncitizens regarding the following: (A) The basic procedures of immigration hearings. (B) The rights and obligations of noncitizens relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (C) Legal protections available to noncitizens and the procedures for requesting such protections. (D) Legal resources available to noncitizens and lists of potential legal services providers. (E) Any other subject the Attorney General considers necessary and appropriate. (3) Eligibility.--A noncitizen shall be given access to legal orientation programs under this subsection regardless of the noncitizen's current immigration status, prior immigration history, or potential for immigration relief. (b) Expansion of the Information Help Desk Program for Nondetained Noncitizens in Removal Proceedings.--The Attorney General shall expand the information help desk program to all immigration courts so as to provide noncitizens who are not detained and who have pending asylum claims access to information relating to their immigration status. SEC. 4106. IMPROVING COURT EFFICIENCY AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL INFORMATION. (a) Appointment of Counsel in Certain Cases; Right To Review Certain Documents in Removal Proceedings.--Section 240(b) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A)-- (i) by striking ``, at no expense to the Government,''; and (ii) by striking the comma at the end and inserting a semicolon; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (C) by inserting after subparagraph (A) the following: ``(B) the Attorney General may appoint or provide counsel, at Government expense, to noncitizens in immigration proceedings; ``(C) at the beginning of the proceedings or as expeditiously as possible thereafter, a noncitizen shall receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referred to in subparagraph (D), law enforcement-sensitive information, and information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government, including information with respect to all transactions involving the noncitizen during the immigration process (commonly referred to as an `A-file') and all documents pertaining to the noncitizen that the Department of Homeland Security has obtained or received from other government agencies, unless the noncitizen waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands;''; and (D) in subparagraph (D), as redesignated, by striking ``, and'' and inserting ``; and''; and (2) by adding at the end the following: ``(8) Failure to provide noncitizen required documents.--In the absence of a written waiver under paragraph (4)(C), a removal proceeding may not proceed until the noncitizen-- ``(A) has received the documents as required under such paragraph; and ``(B) has been provided meaningful time to review and assess such documents.''. (b) Right to Counsel.-- (1) In general.--Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended to read as follows: ``SEC. 292. RIGHT TO COUNSEL. ``(a) In General.--In any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose. ``(b) Access to Counsel.-- ``(1) In general.--The Attorney General may appoint or provide counsel to a noncitizen in any proceeding conducted under section 235, 236, 238, 240, or 241 or any other section of this Act. ``(2) Detention and border facilities.--The Secretary of Homeland Security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities. ``(c) Children and Vulnerable Individuals.--Notwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be-- ``(1) a child; ``(2) a particularly vulnerable individual, including-- ``(A) a person with a disability; ``(B) a victim of abuse, torture, or violence; and ``(C) a pregnant or lactating woman; or ``(3) the parent of a United States citizen minor. ``(d) Extension to Consolidated Cases.--If the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection (c) with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection (c) shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest.''. (2) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement subsection (c) of section 292 of the Immigration and Nationality Act, as added by paragraph (1). (c) Immigration Counsel Fund.-- (1) In general.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following: ``SEC. 295. IMMIGRATION COUNSEL FUND. ``(a) In General.--There is established in the general fund of the Treasury a separate account to be known as the `Immigration Counsel Fund'. ``(b) Deposits.--Notwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection (c) for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended. ``(c) Surcharge.--In any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected. ``(d) Report.--Not later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including-- ``(1) the balance in the Immigration Counsel Account; and ``(2) any recommendation with respect to modifications to the surcharge under subsection (c) necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act.''. (2) Table of contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 294 the following: ``Sec. 295. Immigration Counsel Account.''. (d) Motions To Reopen.--Section 240(c)(7)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following: ``(v) Special rule for children and other vulnerable noncitizens.--If the Attorney General fails to appoint counsel for a noncitizen in violation of section 292(c)-- ``(I) no limitation under this paragraph with respect to the filing of any motion to reopen shall apply to the noncitizen; and ``(II) the filing of a motion to reopen by the noncitizen shall stay the removal of the noncitizen.''. SEC. 4107. FACILITATING SAFE AND EFFICIENT REPATRIATION. (a) United States Support for Reintegration.--The Secretary of State, in consultation with the Secretary and the Administrator of the United States Agency for International Development, shall coordinate with the governments of El Salvador, Guatemala, Honduras, and any other country in Central America the Secretary of State considers appropriate, to promote the successful reintegration of families, unaccompanied noncitizen children, and other noncitizens repatriated to their countries of origin by assisting in the development and funding of programs in such countries that-- (1) provide comprehensive reintegration services at the municipal level for repatriated noncitizens, including family reunification and access to medical and psychosocial services; (2) support the establishment of educational and vocational centers for repatriated noncitizens that provide skills training relevant to national and local economic needs; (3) promote the hiring of repatriated noncitizens in the private sector, including through strategic partnerships with specific industries and businesses; (4) support the issuance of appropriate documents to repatriated noncitizens, including identification documents, documents relating to educational attainment, and documents certifying skill attainment; and (5) monitor repatriated unaccompanied noncitizen children to ensure their adequate screening and processing in the United States. (b) Eligibility of Citizens and Nationals of Repatriation Country.--Paragraphs (1), (2), and (3) of subsection (a) shall not necessarily exclude citizens or nationals of the countries of origin. (c) Consultation With Nongovernmental Organizations.--In assisting in the development of programs under subsection (a), the Secretary of State shall consult with nongovernmental organizations in the countries concerned and in the United States that have experience in-- (1) integrating repatriated individuals and families; (2) protecting and ensuring the welfare of unaccompanied noncitizen children; and (3) promoting economic development and skills acquisition. Subtitle B--Protecting Family Values and Monitoring and Caring for Unaccompanied Noncitizen Children After Arrival SEC. 4201. DEFINITION OF LOCAL EDUCATIONAL AGENCY. In this subtitle, 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). SEC. 4202. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT COMPLIANCE AND CHILD WELL-BEING. (a) In General.--The Secretary of Health and Human Services, in consultation with the Attorney General, shall establish procedures to ensure that a legal orientation program is provided to each sponsor (including parents, legal guardians, and close relatives) of an unaccompanied noncitizen child before the unaccompanied noncitizen child is placed with the sponsor. (b) Program Elements.--A program under subsection (a) shall provide information to sponsors regarding each of the following: (1) The basic procedures of immigration hearings. (2) The rights and obligations of the unaccompanied noncitizen child relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (3) The obligation of the sponsor-- (A) to ensure that the unaccompanied noncitizen child appears at immigration court proceedings; (B) to notify the court of any change of address of the unaccompanied noncitizen child and other relevant information; and (C) to address the needs of the unaccompanied noncitizen child, including providing access to health care and enrolling the child in an educational institution. (4) Legal protections available to unaccompanied noncitizen children and the procedures for requesting such protections. (5) Legal resources available to unaccompanied noncitizen children and lists of potential legal services providers. (6) The importance of reporting potential child traffickers and other persons seeking to victimize or exploit unaccompanied noncitizen children, or otherwise engage such unaccompanied noncitizen children in criminal, harmful, or dangerous activity. (7) Any other subject the Secretary of Health and Human Services or the Attorney General considers necessary and appropriate. SEC. 4203. FUNDING TO SCHOOL DISTRICTS FOR UNACCOMPANIED NONCITIZEN CHILDREN. (a) Grants Authorized.--The Secretary of Education shall award grants, on a competitive basis, to eligible local educational agencies or consortia of neighboring local educational agencies described in subsection (b), to enable the local educational agencies or consortia to enhance opportunities for, and provide services to, immigrant children, including unaccompanied noncitizen children, in the area served by the local educational agencies or consortia. (b) Eligible Local Educational Agencies.-- (1) In general.--A local educational agency or a consortium of neighboring local educational agencies is eligible for a grant under subsection (a) if, during the fiscal year for which a grant is awarded under this section, there are 50 or more unaccompanied noncitizen children enrolled in the public schools served by the local educational agency or the consortium. (2) Determinations of number of unaccompanied noncitizen children.--The Secretary of Education shall determine the number of unaccompanied noncitizen children for purposes of paragraph (1) based on the most accurate data available that is provided to the Secretary of Education by the Director of the Office of Refugee Resettlement or the Department of Homeland Security. (c) Applications.--A local educational agency or a consortia of neighboring local educational agencies desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Education may require, including a description of how the grant will be used to enhance opportunities for, and provide services to, immigrant children and youth (including unaccompanied noncitizen children) and their families. SEC. 4204. SCHOOL ENROLLMENT. To be eligible for funding under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), a local educational agency shall take measures-- (1) to ensure that an unaccompanied noncitizen child in the area served by the local educational agency is enrolled in school not later than 7 days after the date on which a request for enrollment is made; and (2) to remove barriers to enrollment and full participation in educational programs and services offered by the local educational agency for unaccompanied noncitizen children (including barriers related to documentation, age, and language), which shall include reviewing and revising policies that may have a negative effect on unaccompanied noncitizen children. Subtitle C--Admission and Protection of Refugees, Asylum Seekers, and Other Vulnerable Individuals SEC. 4301. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended-- (1) in subparagraph (A), by inserting ``or the Secretary'' after ``Attorney General'' each place it appears; (2) by striking subparagraphs (B) and (D); (3) by redesignating subparagraph (C) as subparagraph (B); (4) in subparagraph (B), as redesignated, by striking ``subparagraph (D)'' and inserting ``subparagraphs (C) and (D)''; and (5) by inserting after subparagraph (B), as redesignated, the following: ``(C) Changed circumstances.--Notwithstanding subparagraph (B), an application for asylum of a noncitizen may be considered if the noncitizen demonstrates, to the satisfaction of the Attorney General or the Secretary, the existence of changed circumstances that materially affect the noncitizen's eligibility for asylum. ``(D) Motion to reopen certain meritorious claims.--Notwithstanding subparagraph (B) of section 240(c)(7), during the 2-year period beginning on the date of the enactment of this Act, a noncitizen may file a motion to reopen an asylum claim or a motion to reopen removal proceedings to reapply for asylum as relief from removal if the noncitizen-- ``(i) was denied asylum based solely on a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; ``(ii) was granted withholding of removal to the noncitizen's country of nationality (or, in the case of a person having no nationality, to the country of last habitual residence) under section 241(b)(3); ``(iii) has not obtained lawful permanent residence in the United States pursuant to any other provision of law; ``(iv) is not subject to the safe third country exception under subparagraph (A) or to a bar to asylum under subsection (b)(2); and ``(v) was not denied asylum as a matter of discretion.''. SEC. 4302. INCREASING ANNUAL NUMERICAL LIMITATION ON U VISAS. Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended in paragraph (2)(A) by striking ``10,000'' and inserting ``30,000''. SEC. 4303. EMPLOYMENT AUTHORIZATION FOR ASYLUM SEEKERS AND OTHER INDIVIDUALS. (a) Asylum Seekers.--Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(2)) is amended to read as follows: ``(2) Employment authorization.-- ``(A) Eligibility.--The Secretary of Homeland Security shall authorize employment for an applicant for asylum who is not in detention and whose application for asylum has not been determined to be frivolous. ``(B) Application.-- ``(i) In general.--An applicant for asylum (unless otherwise eligible for employment authorization) shall not be granted employment authorization under this paragraph until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of the application for asylum. ``(ii) Date of filing.--For purposes of this subparagraph, an application for asylum shall be considered to be filed on the date on which the applicant submits the application to the Secretary of Homeland Security or the Attorney General, as applicable. ``(C) Term.--Employment authorization for an applicant for asylum shall be valid until the date on which there is a final denial of the asylum application, including any administrative or judicial review.''. (b) Individuals Granted Withholding of Removal or Applying for Withholding of Removal.--Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following: ``(D) Employment authorization.-- ``(i) In general.--The Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention and who has been granted-- ``(I) withholding of removal under this paragraph; or ``(II) withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. ``(ii) Term.--Employment authorization for a noncitizen described in clause (i) shall be-- ``(I) valid for a period of 2 years; and ``(II) renewable for additional 2- year periods for the duration of such withholding or deferral of removal status.''. ``(iii) Applicant eligibility.-- ``(I) In general.--The Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention, and whose application for withholding of removal under this paragraph or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, has not been determined to be frivolous. ``(II) Application.-- ``(aa) In general.--A noncitizen described in subclause (I) shall not be granted employment authorization under this clause until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of an application described in such subclause. ``(bb) Date of filing.--For purposes of this clause, an application under subclause (I) shall be considered to be filed on the date on which the applicant submits the application to the Attorney General. ``(III) Term.--Employment authorization for a noncitizen described in subclause (I) shall be valid until the date on which there is a final denial of the application under subclause (I), including any administrative or judicial review.''. SEC. 4304. ENHANCED PROTECTION FOR INDIVIDUALS SEEKING T VISAS, U VISAS, AND PROTECTION UNDER VAWA. (a) Employment Authorization for T Visa Applicants.--Section 214(o) (8 U.S.C. 1184(o)) is amended by adding at the end the following: ``(8) Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed a nonfrivolous application for nonimmigrant status under section 101(a)(15)(T), which authorization shall begin on the date that is the earlier of-- ``(A) the date on which the noncitizen's application for such status is approved; or ``(B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the application.''. (b) Increased Accessibility and Employment Authorization for U Visa Applicants.--Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended-- (1) in paragraph (6), by striking the last sentence; and (2) by adding at the end the following: ``(8) Employment authorization.--Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed an application for nonimmigrant status under section 101(a)(15)(U), which authorization shall begin on the date that is the earlier of-- ``(A) the date on which the noncitizen's petition for such status is approved; or ``(B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the petition.''. (c) Prohibition on Removal of Certain Victims With Pending Petitions and Applications.-- (1) In general.--Section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: ``(e) Prohibition on Removal of Certain Victims With Pending Petitions and Applications.-- ``(1) In general.--A noncitizen described in paragraph (2) shall not be removed from the United States under this section or any other provision of law until the date on which there is a final denial of the noncitizen's application for status, including any administrative or judicial review. ``(2) Noncitizens described.--A noncitizen described in this paragraph is a noncitizen who-- ``(A) has a pending nonfrivolous application or petition under-- ``(i) subparagraph (T) or (U) of section 101(a)(15); ``(ii) section 106; ``(iii) section 240A(b)(2); or ``(iv) section 244(a)(3) (as in effect on March 31, 1997); or ``(B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section.''. (2) Conforming amendment.--Section 240(b)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(7)) is amended by striking ``subsection (e)(1)'' and inserting ``subsection (f)(1)''. (d) Prohibition on Detention of Certain Victims With Pending Petitions and Applications.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: ``(f) Detention of Certain Victims With Pending Petitions and Applications.-- ``(1) Presumption of release.-- ``(A) In general.--Notwithstanding any other provision of this Act, there shall be a presumption that a noncitizen described in paragraph (2) should be released from detention. ``(B) Rebuttal.--The Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that-- ``(i) the use of alternatives to detention will not reasonably ensure the appearance of the noncitizen at removal proceedings; or ``(ii) the noncitizen is a threat to another person or the community. ``(C) Pending criminal charge.--A pending criminal charge against a noncitizen may not be the sole factor to justify the continued detention of the noncitizen. ``(2) Noncitizen described.--A noncitizen described in this paragraph is a noncitizen who-- ``(A) has a pending application, which has not been found to be frivolous, under-- ``(i) subparagraph (T) or (U) of section 101(a)(15); ``(ii) section 106; ``(iii) section 240A(b)(2); or ``(iv) section 244(a)(3) (as in effect on March 31, 1997); or ``(B) is a VAWA self-petitioner, as defined in section 101(a)(51), has a pending petition for relief, and can demonstrate prima facie eligibility under a provision referred to in any of subparagraphs (A) through (G) of such section.''. SEC. 4305. ALTERNATIVES TO DETENTION. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226), as amended by section 4304, is further amended by adding at the end the following: ``(g) Alternatives to Detention.-- ``(1) In general.--The Secretary of Homeland Security shall establish programs that provide alternatives to detaining noncitizens, which shall offer a continuum of supervision mechanisms and options, including community-based supervision programs and community support. ``(2) Contracts with nongovernmental organizations.--The Secretary of Homeland Security may contract with nongovernmental community-based organizations to provide services for programs under paragraph (1), including case management services, appearance assistance services, and screening of detained noncitizens.''. SEC. 4306. NOTIFICATION OF PROCEEDINGS. (a) Written Record of Address.--Section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)) is amended-- (1) in paragraph (1)(F), by inserting ``the Secretary of Homeland Security or'' before ``the Attorney General'' each place such term appears; and (2) in paragraph (2)(A) by striking ``the noncitizen or to the noncitizen's counsel of record'' and inserting ``the noncitizen and to the noncitizen's counsel of record''. SEC. 4307. CONVERSION OF CERTAIN PETITIONS. Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) is amended by striking subsection (b) and inserting the following: ``(b) Duration.--The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 8 U.S.C. 1157 note) is reached.''. SEC. 4308. IMPROVEMENTS TO APPLICATION PROCESS FOR AFGHAN SPECIAL IMMIGRANT VISAS. Subsection (b) of section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended-- (1) in paragraph (2)(A)(ii), by inserting ``for the first time'' after ``September 30, 2015''; and (2) in paragraph (4)(A) by inserting ``, including Chief of Mission approval,'' after ``so that all steps''. SEC. 4309. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND CHILDREN. (a) In General.--Section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended-- (1) by striking ``an immigrant who is an employee'' and inserting the following: ``an immigrant who-- ``(i) is an employee''; and (2) by striking ``grant such status;'' and inserting the following: ``grant such status; or ``(ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided, That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty;''. (b) Special Immigrant Status for Surviving Spouses and Children.-- (1) In general.--Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended-- (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) in the matter preceding subclause (I), as redesignated, by striking ``An alien is described'' and inserting the following: ``(i) In general.--A noncitizen is described''; (D) in clause (i)(I), as redesignated, by striking ``who had a petition for classification approved'' and inserting ``who had submitted an application to the Chief of Mission''; and (E) by adding at the end the following: ``(ii) Employment requirements.--An application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal noncitizen's filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal noncitizen's death.''. (2) Conforming amendments.--Section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended-- (A) in the paragraph and subparagraph headings, by striking ``Aliens'' each place it appears and inserting ``Noncitizens''; (B) by striking ``an alien'' each place it appears and inserting ``a noncitizen''; (C) by striking ``An alien'' each place it appears and inserting ``A noncitizen''; (D) by striking ``alien'' each place it appears and inserting ``noncitizen''; (E) by striking ``aliens'' each place it appears and inserting ``noncitizens''; and (F) by striking ``alien's'' each place it appears and inserting ``noncitizen's''. (c) Special Immigrant Status for Certain Iraqis.-- (1) In general.--Section 1244(b)(3) of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended-- (A) by striking ``described in subsection (b)'' and inserting ``in this subsection''; (B) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (D) in the matter preceding clause (i), as redesignated, by striking ``An alien is described'' and inserting the following: ``(A) In general.--A noncitizen is described''; (E) in subparagraph (A)(i), as redesignated, by striking ``who had a petition for classification approved'' and inserting ``who submitted an application to the Chief of Mission''; and (F) by adding at the end the following: ``(B) Employment requirements.--An application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal noncitizen's filing of an application for the first time, or if the principal noncitizen did not file an application, the employment requirements as of the date of the principal noncitizen's death.''. (2) Conforming amendments.--The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended by-- (A) in the subsection headings, by striking ``Aliens'' each place it appears and inserting ``Noncitizens''; (B) in the paragraph headings, by striking ``Aliens'' each place it appears and inserting ``Noncitizens''; (C) by striking ``an alien'' each place it appears and inserting ``a noncitizen''; (D) by striking ``An alien'' each place it appears and inserting ``A noncitizen''; (E) by striking ``alien'' each place it appears and inserting ``noncitizen''; (F) by striking ``aliens'' each place it appears and inserting ``noncitizens''; and (G) by striking ``alien's'' each place it appears and inserting ``noncitizen's''. (d) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act and shall have retroactive effect. SEC. 4310. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIANS WHO WORKED FOR THE UNITED STATES GOVERNMENT IN SYRIA. (a) In General.--Subject to subsection (c)(1), for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may provide any noncitizen described in subsection (b) with the status of a special immigrant under section 101(a)(27) of that Act (8 U.S.C. 1101(a)(27)) if-- (1) the noncitizen, or an agent acting on behalf of the noncitizen, submits a petition to the Secretary under section 204 of that Act (8 U.S.C. 1154) for classification under section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)); (2) the noncitizen is otherwise eligible to receive an immigrant visa; (3) the noncitizen is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of that Act (8 U.S.C. 1182(a)(4))), except that an applicant for admission to the United States under this section may not be considered inadmissible based solely on membership in, participation in, or support provided to, the Syrian Democratic Forces or other partner organizations, as determined by the Secretary of Defense; and (4) the noncitizen clears a background check and appropriate screening, as determined by the Secretary. (b) Noncitizens Described.--A noncitizen described in this subsection is a noncitizen who-- (1)(A) is a citizen or national of Syria or a stateless person who has habitually resided in Syria; (B) was employed by or on behalf of (including under a contract, cooperative agreement or grant with) the United States Government in Syria, for a period of not less than 1 year beginning on January 1, 2014; and (C) obtained a favorable written recommendation from a U.S. citizen supervisor who was in the chain of command of the United States Armed Forces unit or U.S. Government entity that was supported by the noncitizen; or (2)(A) is the spouse or a child of a principal noncitizen described in paragraph (1); and (B)(i) is following or accompanying to join the principal noncitizen in the United States; or (ii) due to the death of the principal noncitizen, a petition to follow or accompany to join the principal noncitizen in the United States-- (I) was or would be revoked, terminated, or otherwise rendered null; and (II) would have been approved if the principal noncitizen had survived. (c) Numerical Limitations.-- (1) In general.--Except as otherwise provided in this subsection, the total number of principal noncitizens who may be provided special immigrant status under this section may not exceed 5,000 in any of the first 5 fiscal years beginning after the date of the enactment of this Act. (2) Exemption from numerical limitations.--Noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). (3) Carry forward.--If the numerical limitation set forth in paragraph (1) is not reached during a fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between-- (A) the number of visas authorized under paragraph (1) for such fiscal year; and (B) the number of principal noncitizens provided special immigrant status under this section during such fiscal year. (d) Visa Fees and Travel Document Issuance.-- (1) In general.--A noncitizen described in subsection (b) may not be charged any fee in connection with an application for, or the issuance of, a special immigrant visa under this section. (2) The Secretary of State shall ensure that a noncitizen who is issued a special immigrant visa under this section is provided with an appropriate travel document necessary for admission to the United States. (e) Protection of Noncitizens.--The Secretary of State, in consultation with the head of any other appropriate Federal agency, shall make a reasonable effort to provide protection to each noncitizen described in subsection (b) who is seeking special immigrant status under this section or to immediately remove such noncitizen from Syria, if possible, if the Secretary of State determines, after consultation, that such noncitizen is in imminent danger. (f) Application Process.-- (1) Representation.--A noncitizen applying for admission to the United States as a special immigrant under this section may be represented during the application process, including for relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (2) Completion.-- (A) In general.--The Secretary of State and the Secretary, in consultation with the Secretary of Defense, shall ensure that applications for special immigrant visas under this section are processed in such a manner so as to ensure that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 270 days after the date on which an eligible noncitizen submits all required materials to apply for such visa. (B) Rule of construction.--Notwithstanding subparagraph (A), the Secretary of State, the Secretary, or the Secretary of Defense may take longer than 270 days to complete the steps incidental to issuing a visa under this section if the Secretary of State, the Secretary, or the Secretary of Defense, or a designee-- (i) determines that the satisfaction of national security concerns requires additional time; and (ii) notifies the applicant of such determination. (3) Appeal.--A noncitizen whose petition for status as a special immigrant is rejected or revoked-- (A) shall receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and (B) shall be provided not more than 1 written appeal per rejection or denial, which-- (i) shall be submitted to the authority that issued the denial not more than 120 days after the date on which the applicant receives a decision pursuant to subparagraph (A); (ii) may request the reopening of such decision; and (iii) shall provide additional information, clarify existing information, or explain any unfavorable information. (g) Eligibility for Other Immigrant Classification.--A noncitizen may not be denied the opportunity to apply for admission under this section solely because such noncitizen-- (1) qualifies as an immediate relative of a citizen of the United States; or (2) is eligible for admission to the United States under any other immigrant classification. (h) Processing Mechanisms.--The Secretary of State shall use existing refugee processing mechanisms in Iraq and in other countries, as appropriate, in the region in which noncitizens described in subsection (b) may apply and interview for admission to the United States as special immigrants. (i) Resettlement Support.--A noncitizen who is granted special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as are available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). (j) Authority To Carry Out Administrative Measures.--The Secretary, the Secretary of State, and the Secretary of Defense shall implement any additional administrative measures they consider necessary and appropriate-- (1) to ensure the prompt processing of applications under this section; (2) to preserve the integrity of the program established under this section; and (3) to protect the national security interests of the United States related to such program. (k) Report to Congress.-- (1) In general.--Not later than January 30 each year, the Inspector General of the Department of State shall submit a report on the implementation of the Syrian special immigrant status program under this section for the preceding calendar year to-- (A) the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and (B) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives. (2) Elements.--Each report required by paragraph (1) shall include, for the applicable calendar year, the following: (A) The number of petitions filed under such program. (B) The number of such petitions pending adjudication. (C) The number of such petitions pending visa interview. (D) The number of such petitions pending security checks. (E) The number of such petitions that were denied. (F) The number of cases under such program that have exceeded the mandated processing time and relevant case numbers. (G) A description of any obstacle discovered that would hinder effective implementation of such program. (3) Consultation.--In preparing a report under subsection (a), the Inspector General shall consult with-- (A) the Department of State, Bureau of Consular Affairs, Visa Office; (B) the Department of State, Bureau of Near Eastern Affairs and South and Central Asian Affairs, Executive Office; (C) the Department of Homeland Security, U.S. Citizenship and Immigration Services; (D) the Department of Defense; and (E) nongovernmental organizations providing legal aid in the special immigrant visa application process. (4) Form.--Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (5) Publication.--Each report submitted under this subsection shall be made available to the public on the internet website of the Department of State. (l) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the Secretary of State, shall promulgate regulations to carry out this section, including establishing requirements for background checks. (m) Savings Provision.--Nothing in this section may be construed to affect the authority of the Secretary under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note). SEC. 4311. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle, including, in addition to annual funds derived from fee accounts of U.S. Citizenship and Immigration Services, such sums as may be necessary to reduce the backlog of asylum applications to the Refugee, Asylum and International Operations Directorate. TITLE V--EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM EXPLOITATION SEC. 5101. COMMISSION ON EMPLOYMENT AUTHORIZATION. (a) Establishment.--Not later than the date that is 180 days after the date of the enactment of this Act, the President, in conjunction with the President pro tempore of the Senate and the Speaker of the House of Representatives, shall establish the Employment Authorization Commission (referred to in this section as the ``Commission''). (b) Composition.-- (1) In general.--The Commission shall be composed of 10 members, of whom-- (A) 6 members shall be appointed by the President and shall include representatives of the employer, labor, and civil rights communities; (B) 2 members shall be appointed by the President pro tempore of the Senate, of whom-- (i) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employees who experience discrimination in the course of their employer or potential employer's verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employers; and (C) 2 members shall be appointed by the Speaker of the House of Representatives, of whom-- (i) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employees who experience discrimination in the course of their employer or potential employer's verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employers. (2) Qualifications for appointment.--The members of the Commission shall be distinguished individuals who are noted for their knowledge and experience in the field of employment verification. (3) Time of appointment.--The appointments required under paragraph (1) shall be made not later than 180 days after the date of the enactment of this Act. (4) Chair.--At the first meeting of the Commission, a majority of the members of the Commission present and voting, including at least 6 members of the Commission, shall elect the Chair of the Commission. (5) Vacancies.--Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (6) Rules and procedures.-- (A) Establishment.--The Commission shall establish the rules and procedures of the Commission, which shall require the approval of at least 6 members of the Commission. (B) Recommendations and decisions.--All recommendations and decisions of the Commission shall require the approval of at least 6 members of the Commission. Individual members may provide minority or dissenting opinions. (c) Duties.-- (1) In general.--The Commission shall-- (A) make recommendations to the President, the Secretary, and Congress regarding policies to verify the eligibility of noncitizens for employment in the United States; (B) evaluate methods for verification of employment eligibility that respect-- (i) the rights of employment-authorized individuals to work in the United States; and (ii) the freedom from discrimination based on race or national origin of all workers; and (C) review error rates for the E-Verify program, including the impact on various populations by national origin, race, gender, and socioeconomic background. (2) Public hearings.-- (A) In general.--The Commission shall convene at least 1 public hearing on verification for employment of foreign nationals in the United States. (B) Report.--The Commission shall provide a summary of each hearing convened pursuant to subparagraph (A) to the President, the Secretary, and Congress. (d) Access to Information.--The Immigrant and Employee Rights Section of the Department of Justice shall furnish information to the Commission regarding employee complaints, mediations, and investigations involving the employment eligibility verification practices of employers. (e) Report.--Not later than 180 days after all members of the Commission have been appointed pursuant to subsection (b), the Commission shall submit a report to the President, the Secretary, and Congress that includes-- (1) specific policy recommendations for achieving and maintaining the goals specified in subsection (c); (2) recommendations for improvements to existing employment verification systems, such as the I-9 process and E-Verify, to ensure that workers are not denied employment on the basis of false positives. (f) Travel Expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (g) Administrative Support.--The Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege. (h) Comptroller General Review.--The Comptroller General of the United States shall review the recommendations in the report submitted pursuant to subsection (e) to determine-- (1) which recommendations are most likely to improve existing employment verification systems; and (2) whether such recommendations are feasible within existing budget constraints. (i) Termination.--The Commission shall terminate on the date that is 2 years after the date of the enactment of this Act. SEC. 5102. POWER ACT. (a) Protection for Victims of Labor and Employment Violations.-- Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended-- (1) in clause (i)-- (A) by amending subclause (I) to read as follows: ``(I) the noncitizen-- ``(aa) has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii); ``(bb) has suffered substantial abuse or harm related to a violation described in clause (iv); ``(cc) is a victim of criminal activity described in clause (iii) and would suffer extreme hardship upon removal; or ``(dd) has suffered a violation described in clause (iv) and would suffer extreme hardship upon removal;''; (B) in subclause (II), by inserting ``, or a labor or employment violation resulting in a workplace claim described in clause (iv)'' before the semicolon at the end; (C) in subclause (III)-- (i) by striking ``or State judge, to the Service'' and inserting ``, State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board''; and (ii) by inserting ``, or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause (iv)'' before the semicolon at the end; and (D) in subclause (IV)-- (i) by inserting ``(aa)'' after ``(IV)''; (ii) by inserting ``or'' after the semicolon at the end; and (iii) by adding at the end the following: ``(bb) a workplace claim described in clause (iv) resulted from a labor or employment violation;''; (2) in clause (ii)(II), by striking ``and'' at the end; (3) in clause (iii), by striking ``or'' at the end and inserting ``and''; and (4) by adding at the end the following: ``(iv) if the labor or employment violation related to a workplace claim, the noncitizen-- ``(I) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and ``(II) reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the noncitizen or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or''. (b) Requirements Applicable to U Nonimmigrant Visas.--Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)), as amended by section 4304, is further amended-- (1) in paragraph (1)-- (A) by striking ``The petition'' and inserting the following: ``(A) In general.--The petition''; (B) by inserting ``or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv)'' after ``section 101(a)(15)(U)(iii)'' each place such term appears; and (C) by adding at the end the following: ``(B) Fees.--A noncitizen petitioning for, or having status under, section 101(a)(15)(U) may not be required to submit any fee (or request any fee waiver) in connection with such petition or status, including fees associated with biometric services or an application for advance permission to enter as a nonimmigrant. ``(C) Confidentiality of information.--The Secretary of Homeland Security and the Attorney General may not use the information furnished pursuant to a petition for status under section 101(a)(15)(U) for purposes of initiating or carrying out a removal proceeding.''; (2) in paragraph (6)-- (A) by inserting ``or workplace claims described in section 101(a)(15)(U)(iv)'' after ``described in section 101(a)(15)(U)(iii)''; and (B) by inserting ``or workplace claim'' after ``prosecution of such criminal activity''; and (3) by adding at the end the following: ``(9) Temporary Protection for Victims of Crime, Labor, and Employment Violations.--Notwithstanding any other provision of law, the Secretary of Homeland Security may permit a noncitizen to temporarily remain in the United States, and grant such noncitizen employment authorization, if the Secretary determines that the noncitizen-- ``(A) has filed for relief under section 101(a)(15)(U); or ``(B)(i) has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and ``(ii) has been helpful, is being helpful, or is likely to be helpful to-- ``(I) a Federal, State, or local law enforcement official; ``(II) a Federal, State, or local prosecutor; ``(III) a Federal, State, or local judge; ``(IV) the Department of Homeland Security; ``(V) the Equal Employment Opportunity Commission; ``(VI) the Department of Labor, including the Occupational Safety and Health Administration; ``(VII) the National Labor Relations Board; ``(VIII) the head official of a State or local government department of labor, workforce commission, or human relations commission or council; or ``(IX) other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim.''. (c) Removal Proceedings.--Section 239(e) of the Immigration and Nationality Act (8 U.S.C. 1229(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``In cases where'' and inserting ``If''; and (B) by inserting ``or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights'' after ``paragraph (2)''; and (2) in paragraph (2), by adding at the end the following: ``(C) At a facility about which a workplace claim has been filed or is contemporaneously filed.''. (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``The'' before ``Secretary of Homeland Security''; and (2) by inserting ``or an investigation or prosecution regarding a workplace claim'' after ``prosecution''. (e) Unlawful Employment of Noncitizens.--Section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by adding at the end the following: ``(10) Conduct in enforcement actions.-- ``(A) Definitions.--In this paragraph: ``(i) Material witness.--The term `material witness' means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant's knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. ``(ii) Workplace claim.--The term `workplace claim' means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. ``(B) Enforcement action.--If the Secretary of Homeland Security conducts an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department of Homeland Security in retaliation against employees for exercising their rights related to a workplace claim, the Secretary shall ensure that-- ``(i) any noncitizens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Secretary-- ``(I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and ``(II) provides such agency with the opportunity to interview such noncitizens; and ``(ii) noncitizens entitled to a stay of removal or abeyance of removal proceedings under this section are not removed. ``(C) Protections for victims of crime, labor, and employment violations.-- ``(i) Stay of removal or abeyance of removal proceedings.--Any noncitizen against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the later of the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals unless the Secretary establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over such noncitizen's removal hearing, that-- ``(I) the noncitizen has been convicted of a felony or; ``(II) the workplace claim was filed in bad faith with the intent to delay or avoid the noncitizen's removal. ``(ii) Duration.--Any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause (i)-- ``(I) shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals; and ``(II) shall be extended by the Secretary of Homeland Security for a period not to exceed 10 additional years upon determining that-- ``(aa) such relief would enable the noncitizen asserting a workplace claim to pursue the claim to resolution; ``(bb) the deterrent goals of any statute underlying a workplace claim would be served; or ``(cc) such extension would otherwise further the interests of justice.''. (f) Change of Nonimmigrant Classification.--Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(1)) is amended-- (1) in subparagraph (E), by striking ``physical or mental abuse and the criminal activity,'' and inserting ``abuse and the criminal activity or workplace claim;''; (2) in subparagraph (F), by striking the comma at the end and inserting ``; or''; and (3) by inserting after subparagraph (F) the following: ``(G) the noncitizen's employer,''. SEC. 5103. ADDITIONAL CIVIL PENALTY. Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: ``(7) Additional civil penalties.--An employer is subject to an additional civil penalty under subsection (e)(12) if-- ``(A) the employer engages in a civil violation of Federal, State, or local labor laws, including-- ``(i) laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination; and ``(ii) a finding by the agency enforcing such law in the course of a final settlement of such violation; and ``(B) such violation takes place with respect to an unauthorized worker.''; (2) in subsection (e), as amended by section 5102(f), by adding at the end the following: ``(11) Additional civil penalties.--An order under this subsection for a violation of subsection (a)(7) shall require the employer-- ``(A) to cease and desist from such violation; and ``(B) to pay a civil penalty in an amount not to exceed $5,000 for each unauthorized noncitizen with respect to whom a violation of such subsection occurred.''; and (3) in subsection (f)(2), by striking ``(1)(A) or (2)'' and inserting ``(1)(A), (2), or (7)''. SEC. 5104. CONTINUED APPLICATION OF WORKFORCE AND LABOR PROTECTION REMEDIES. Section 274A(e) of the Immigration and Nationality Act, as amended by sections 5102(e) and 5103(2), is further amended by adding at the end the following: ``(12) Rights, remedies, and relief.--Notwithstanding an employee's status as an unauthorized noncitizen during the time of relevant employment or during the back pay period or the failure of the employer or employee to comply with the requirements under this section or with any other provision of Federal law relating to the unlawful employment of noncitizens-- ``(A) all rights, remedies, and relief provided under any Federal, State, or local law relating to workplace rights, including reinstatement and back pay, are available to such employee; and ``(B) a court may not prohibit such an employee from pursuing other causes of action giving rise to liability in a civil action.''. SEC. 5105. PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZENSHIP STATUS. (a) In General.--Section 274B(a) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)) is amended to read as follows: ``(a) Prohibition on Discrimination Based on National Origin or Citizenship Status.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), it is an unfair immigration-related employment practice for a person, other entity, or employment agency to discriminate against any individual (other than an unauthorized noncitizen (as defined in section 274A(h)(3))) because of such individual's national origin or citizenship status, with respect to-- ``(A) the hiring of the individual for employment; ``(B) the verification of the individual's eligibility to work in the United States; or ``(C) the discharging of the individual from employment. ``(2) Exceptions.--Paragraph (1) shall not apply to-- ``(A) a person, other entity, or employer that employs 3 or fewer employees (other than an employment agency); ``(B) a person's or entity's discrimination based upon an individual's national origin if the discrimination with respect to that employer, person, or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 2), unless the discrimination is related to an individual's verification of employment authorization; or ``(C) discrimination based upon an individual's citizenship status if such discrimination-- ``(i) is required in order to comply with a provision of Federal, State, or local law related to law enforcement; ``(ii) is required by a contract with the Federal Government; or ``(iii) is determined by the Secretary of Homeland Security or the Attorney General to be essential for an employer to do business with an agency or department of the Federal Government or with a State, Tribal, or local government. ``(3) Additional exception providing right to prefer equally qualified citizens.--It is not an unfair immigration- related employment practice for an employer to prefer to hire, recruit, or refer for a fee an individual who is a citizen or national of the United States over another individual who is a noncitizen if the 2 individuals are equally qualified. ``(4) Unfair immigration-related employment practices relating to the system.--It is an unfair immigration-related employment practice for a person, other entity, or employment agency-- ``(A) to use the employment verification system described in section 274A (referred to in this title as the `System') to deny workers' employment or post- employment benefits; ``(B) to misuse the System to discriminate based on national origin or citizenship status; ``(C) to require an employee or prospective employee to use any self-verification feature of the System or provide, as a condition of application or employment, any self-verification results; ``(D) to use an immigration status verification system, service, or method other than those described in section 274A for purposes of verifying employment eligibility; ``(E) to grant access to document verification or System data, to any individual or entity not authorized to have such access; or ``(F) to fail to take reasonable safeguards to protect against unauthorized loss, use, alteration, or destruction of System data. ``(5) Prohibition of intimidation or retaliation.--It is an unfair immigration-related employment practice for a person, other entity, or employment agency to intimidate, threaten, coerce, or retaliate against any individual-- ``(A) for the purpose of interfering with any right or privilege secured under this section; or ``(B) because the individual intends to file, or has filed, a charge or a complaint, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. ``(6) Treatment of certain documentary practices as employment practices.--It is an unfair immigration-related employment practice for a person, other entity, or employment agency, for purposes of verifying employment eligibility-- ``(A) to request that an individual submit specific documents, more documents, or different documents than are required under section 274A; or ``(B) to refuse to honor documents submitted by an individual that reasonably appear on their face to be genuine. ``(7) Prohibition of withholding employment records.--It is an unfair immigration-related employment practice for an employer that is required under Federal, State, or local law to maintain records documenting employment, including dates or hours of work and wages received, to fail to provide such records to any employee to whom the records pertain, upon request by such employee. ``(8) Professional, commercial, and business licenses.--An individual who is authorized to be employed in the United States may not be denied a professional, commercial, or business license on the basis of his or her immigration status. ``(9) Employment agency defined.--In this section, the term `employment agency' means any employer, person, entity, or agent of such employer, person, or entity that regularly undertakes, with or without compensation, to procure employees for employers or to procure for employees opportunities to work for employers.''. (b) Referral by EEOC.--Section 274B(b) of the Immigration and Nationality Act (8 U.S.C. 1324b(b)) is amended by adding at the end the following: ``(3) Referral by eeoc.--The Equal Employment Opportunity Commission shall refer all matters alleging immigration-related unfair employment practices filed with the Commission, including those alleging violations of paragraph (1), (4), (5), or (6) of subsection (a), to the Immigrant and Employment Rights Section of the Department of Justice.''. (c) Fines.-- (1) In general.--Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended to read as follows: ``(iv) to pay the civil penalties set forth in this clause, which may be adjusted periodically to account for inflation, including-- ``(I) except as provided in subclauses (II) through (IV), a civil penalty of not less than $2,000 and not more than $5,000 for each individual subjected to an unfair immigration- related employment practice; ``(II) except as provided in subclauses (III) and (IV), in the case of an employer, person, or entity previously subject to 1 order under this paragraph, a civil penalty of not less than $4,000 and not more than $10,000 for each individual subjected to an unfair immigration-related employment practice; ``(III) except as provided in subclause (IV), in the case of an employer, person, or entity previously subject to more than 1 order under this paragraph, a civil penalty of not less than $8,000 and not more than $25,000 for each individual subjected to an unfair immigration-related employment practice; and ``(IV) in the case of an unfair immigration-related employment practice described in paragraphs (4) through (7) of subsection (a), a civil penalty of not less than $500 and not more than $2,000 for each individual subjected to an unfair immigration-related employment practice.''. (2) Effective date.--The amendment made by paragraph (1)-- (A) shall take effect on the date that is 1 year after the date of the enactment of this Act; and (B) shall apply to violations occurring on or after such date of enactment. (d) Authorization of Appropriations.--Section 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended to read as follows: ``(3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- ``(A) $10,000,000 for each fiscal year (beginning with fiscal year 1991); and ``(B) an additional $40,000,000 for each of fiscal years 2022 through 2024.''. SEC. 5106. FAIRNESS FOR FARMWORKERS. (a) In General.--Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended-- (1) in subsection (a), by adding at the end the following: ``(3)(A) Except as provided in subparagraph (C), beginning on January 1, 2022, no employer shall employ any employee employed in agriculture who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce for a workweek that is longer than the hours specified under subparagraph (B), unless such employee receives compensation for employment in excess of the hours specified in such subparagraph at a rate not less than 150 percent of the regular rate at which the employee is employed. ``(B) The hours specified in this subparagraph are, subject to subparagraph (C), as follows: ``(i) Beginning on January 1, 2022, 55 hours in any workweek. ``(ii) Beginning on January 1, 2023, 50 hours in any workweek. ``(iii) Beginning on January 1, 2024, 45 hours in any workweek. ``(iv) Beginning on January 1, 2025, 40 hours in any workweek. ``(C) With respect to any employer that employs 25 or fewer employees-- ``(i) the requirement under subparagraph (A) shall begin on January 1, 2025; and ``(ii) the hours specified under subparagraph (B) shall be as follows: ``(I) The number of hours specified under subparagraph (B)(i) shall begin on January 1, 2025. ``(II) The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2026. ``(III) The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2027. ``(IV) The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2028.''; and (2) by striking subsection (m). (b) Removing Certain Exemptions for Agricultural Work.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended-- (1) in subsection (a), by amending paragraph (6) to read as follows: ``(6) any employee employed in agriculture who is the parent, spouse, child, or other member of the employer's immediate family;''; (2) in subsection (b)-- (A) by striking paragraphs (12) through (16); and (B) by redesignating paragraphs (17), (20), (21), (24), (27), (28), (29), and (30) as paragraphs (12), (13), (14), (15), (16), (17), (18), and (19), respectively; and (3) by striking subsections (h) through (j). (c) Conforming Amendments.-- (1) Fair labor standards act of 1938.--Section 13(c)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(1)(A)) is amended by striking ``none of the employees'' and all that follows through and inserting ``all of the employees of which are employed in agriculture and are employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under subsection (a)(6)(A)), as in effect on the day before the date of the enactment of the U.S. Citizenship Act),''. (2) Migrant and seasonal agricultural worker protection act.--The Migrant and Seasonal Agricultural Worker Protection Act (Public Law 97-470) is amended-- (A) in section 3 (29 U.S.C. 1802)-- (i) in paragraph (8), by amending subparagraph (B) to read as follows: ``(B) The term `migrant agricultural worker' does not include any immediate family member of an agricultural employer or a farm labor contractor.''; and (ii) in paragraph (10), by amending subparagraph (B) to read as follows: ``(B) The term `seasonal agricultural worker' does not include-- ``(i) any migrant agricultural worker; or ``(ii) any immediate family member of an agricultural employer or a farm labor contractor.''; and (B) in section 4(a) (29 U.S.C. 1803(a)), by amending paragraph (2) to read as follows: ``(2) Small business exemption.--Any person, other than a farm labor contractor, who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)), as in effect on the day before the date of the enactment of the U.S. Citizenship Act).''. (d) Effective Dates.-- (1) In general.--The amendments made by subsections (a)(2), (b)(1), (b)(3), and (c) shall take effect on-- (A) January 1, 2025, with respect to an employer that employs more than 25 employees; and (B) January 1, 2028, with respect to an employer that employs 25 or fewer employees. (2) Other amendments.--The amendments made by subsection (b)(2) shall take effect on-- (A) January 1, 2022, with respect to an employer that employs more than 25 employees; and (B) January 1, 2025, with respect to an employer that employs 25 or fewer employees. SEC. 5107. PROTECTIONS FOR MIGRANT AND SEASONAL LABORERS. Section 501 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1851) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Violations of This Act.-- ``(1) In general.--Except as otherwise provided in this section, any person who willfully and knowingly violates this Act or any regulation under this Act-- ``(A) shall be fined not more than $1,000, sentenced to prison for a term not to exceed 1 year, or both; and ``(B) upon conviction for any subsequent violation of this Act or any regulation under this Act, shall be fined not more than $10,000, sentenced to prison for a term not to exceed 3 years, or both. ``(2) Identification document offenses.--Any person who knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person or threatens to do so in furtherance of a violation of this Act shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. ``(3) Travel restrictions.--Any person who knowingly restricts or attempts to prevent or restrict, without lawful authority, a person's liberty to move or travel, in furtherance of a violation of this Act, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. ``(4) Bodily injury.--If bodily injury results from any acts committed by any person in violation of this Act, or if such acts include sexual abuse or an attempt to commit sexual abuse (as described in section 2242 of title 18, United States Code), or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, the person shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(5) Death.--If death results from any acts committed by any person in violation of this Act, or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, the person shall be fined under title 18, United States Code, imprisoned for any term of years or for life, or both. ``(6) Subsequent violations.--Except to the extent that a greater maximum penalty is otherwise provided for in this section, a person who is convicted for any subsequent violation of this Act or any regulation under this Act shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both.''; and (2) by adding at the end the following: ``(c) Recordkeeping and Wage Requirements.--Any person who knowingly and with intent to defraud violates section 201(a), 201(f), 301(a), or 301(f), or who knowingly and willfully violates section 202 or 302, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. ``(d) Obstruction Offenses.--Any person who obstructs, attempts to obstruct, interferes with, or prevents the enforcement of this section, shall be subject to the same fines and penalties as those prescribed for the underlying offense involved.''. SEC. 5108. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission, in accordance with subsection (b), shall promulgate sentencing guidelines or amend existing sentencing guidelines to increase the penalties imposed on persons convicted of offenses under-- (1) section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); (2) section 501 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1851); (3) section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216); and (4) any other Federal law covering conduct similar to the conduct prohibited under the provisions of law referred to in paragraphs (1) through (3). (b) Requirements.--In carrying out subsection (a), the Sentencing Commission shall provide sentencing enhancements for any person convicted of an offense referred to in subsection (a) if such offense involves-- (1) the confiscation of identification documents; (2) corruption, bribery, extortion, or robbery; (3) sexual abuse; (4) serious bodily injury; (5) an intent to defraud; or (6) a pattern of conduct involving multiple violations of law that-- (A) creates a risk to the health or safety of any victim; or (B) denies payments due to victims for work completed. SEC. 5109. LABOR LAW ENFORCEMENT FUND. (a) In General.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following: ``(w) Labor Law Enforcement Account.-- ``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `Labor Law Enforcement Account' (referred to in this subsection as the `Account'). ``(2) Deposits.--There shall be deposited as offsetting receipts into the Account penalties imposed under section 274A(a)(7). ``(3) Expenditures.--Amounts deposited into the Account shall be made available to the Secretary of Labor to ensure compliance with workplace laws, including by random audits of such employers, in industries that have a history of significant employment of unauthorized workers or nonimmigrant workers pursuant to subclause (a) or (b) of section 101(a)(15)(H)(ii).''. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary to carry out this title and the amendments made by this title (other than the amendment made by subsection (a)). (2) Availability of funds.-- (A) In general.--Except as provided in subparagraph (B), amounts authorized to carry out the programs, projects, and activities recommended by the Commission may not be expended before-- (i) the date that is 60 days after the submission of the report required under section 5101(e); or (ii) the date that is 2 years and 60 days after the date of the enactment of this Act. (B) Administrative expenses.--Notwithstanding subparagraph (A), amounts referred to in that subparagraph may be expended for minimal administrative expenses directly associated with-- (i) convening the public hearings required under section 5101(c)(2)(A); and (ii) preparing and providing summaries of such hearings in accordance with section 5101(c)(2)(B). <all>

U.S. Citizenship Act

A bill to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.

U.S. Citizenship Act Filipino Veterans Family Reunification Act

Sen. Menendez, Robert

D

NJ

This bill establishes a path to citizenship for certain undocumented individuals. The bill also replaces the term alien with noncitizen in the immigration statutes and addresses other related issues. Specifically, the bill establishes a new status of lawful prospective immigrant. This status shall be available to an applying noncitizen who meets certain requirements, including being continually present in the United States from January 1, 2021, and passing background checks. After at least five years with this status, an eligible noncitizen may apply for and receive permanent resident status. The bill also provides permanent resident status to certain applying noncitizens, specifically for eligible noncitizens who (1) entered the United States as a minor, (2) were eligible for temporary protected status or deferred enforced departure on January 1, 2017, or (3) worked a certain amount of agricultural labor in the five years prior to applying. Among other things, the bill also

SHORT TITLE; TABLE OF CONTENTS. 1. Lawful prospective immigrant status. Subtitle B--Other Reforms Sec. V nonimmigrant visas. Judicial review. Modifications to naturalization provisions. Securing support of international donors and partners. Central American Refugee Program. Training and continuing education. Use of force. Office of Professional Responsibility. Child welfare at the border. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. Adjustment of family-sponsored per-country limits. Wage-based consideration of temporary workers. Existing citizenship education grants. New technology to improve court efficiency. Definition of local educational agency. Notification of proceedings. Conversion of certain petitions. Commission on Employment Authorization. Additional civil penalty. Sec. Labor Law Enforcement Fund. 2. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 245B. 245C. 245D. 245E. 245F. ``(IV) Employment records of the noncitizen that include the employer's name and contact information. ``(V) Records of service from the uniformed services. 245G. The Immigration and Nationality Act (8 U.S.C. 1184(g)). 1255) to that of a noncitizen lawfully admitted for permanent residence in accordance with all applicable eligibility requirements. 1101(a)(15)(E)(ii)). ''; (3) by striking ``an alien'' each place it appears and inserting ``a noncitizen''; (4) by striking ``An alien'' each place it appears and inserting ``A noncitizen''; (5) by striking ``alien'' each place it appears and inserting ``noncitizen''; (6) by striking ``aliens'' each place it appears and inserting ``noncitizens''; and (7) by striking ``alien's'' each place it appears and inserting ``noncitizen's''. All orientation materials, including application forms and instructions, shall be provided in English and Spanish. 1182(a)(4))). 1182(d)(5)) to such noncitizen. BORDER COMMUNITY STAKEHOLDER ADVISORY COMMITTEE. 1151 et seq.) ''; and (C) in paragraph (3), by striking ``subsections (a)(2)(A) and (d)'' and inserting ``subsection (d)''. and inserting ``United States citizen or lawful permanent resident parent. ``(I) Noncitizens described in section 203(d).''. (d) Effective Date.--The amendments made by this section shall apply to fiscal year 2022 and each subsequent fiscal year. (C) Legal protections available to noncitizens and the procedures for requesting such protections. (E) Any other subject the Attorney General considers necessary and appropriate. RIGHT TO COUNSEL. is amended by adding at the end the following: ``SEC. ``(bb) Date of filing.--For purposes of this clause, an application under subclause (I) shall be considered to be filed on the date on which the applicant submits the application to the Attorney General. Such representation shall not be at the expense of the United States Government. (F) The number of cases under such program that have exceeded the mandated processing time and relevant case numbers. Individual members may provide minority or dissenting opinions. ``(III) The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2027. 213(a)(6)(A)), as in effect on the day before the date of the enactment of the U.S.

S.5080

Transportation and Public Works

Standards To Prevent Frontovers Act of 2022 or the STOP Frontovers Act of 2022 This bill directs the Department of Transportation (DOT) to promulgate a federal motor vehicle safety standard that requires vehicles to be equipped with technology that enables drivers to detect and respond to objects in front of their vehicle to reduce death and injury resulting from frontovers or low-speed forward-moving vehicle incidents. DOT must also update the Non-Traffic Surveillance (NTS) System of the National Highway Traffic Safety Administration to include an element for frontovers and backovers in the data maintained and summary reports published from such data.

To direct the Secretary of Transportation to promulgate a Federal motor vehicle safety standard to reduce the incidence of child injury and death occurring during low-speed incidents involving motor vehicles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Standards To Prevent Frontovers Act of 2022'' or the ``STOP Frontovers Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Backover.--The term ``backover'' means a low-speed incident where a non-occupant of a motor vehicle is struck by the motor vehicle moving in reverse. (2) Motor vehicle.-- (A) In general.--The term ``motor vehicle'' has the meaning given the term in section 30102(a) of title 49, United States Code. (B) Exclusions.--The term ``motor vehicle'' does not include-- (i) a motorcycle or a trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations (or a successor regulation)); or (ii) any motor vehicle that is rated at more than 26,000 pounds gross vehicular weight. (3) Object.--The term ``object'' means-- (A) a motor vehicle; (B) a pedestrian, bicyclist, or other vulnerable road user; (C) a wheelchair or assistive device user; (D) a micromobility or motorcycle rider; (E) a pet; and (F) any other individual, animal, or equipment, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. FORWARD VISIBILITY AND PERCEPTION RULEMAKING. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to promulgate a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires a perception zone in front of a motor vehicle that enables the driver of the motor vehicle to detect, and appropriately respond to, objects in front of the motor vehicle to reduce death and injury resulting from frontovers or low-speed forward- moving vehicle incidents. (b) Considerations.-- (1) Technology neutral.--The motor vehicle safety standard described in subsection (a) may be met by the provision of sensors, cameras, or other technology to expand the perception zone of a driver. (2) Differing requirements.--The Secretary may prescribe different requirements for different types of motor vehicles in the motor vehicle safety standard described in subsection (a), subject to the condition that the standard requires, with respect to each motor vehicle type, a perception zone that enables the driver of the applicable motor vehicle to detect, and appropriately respond to, objects in front of the motor vehicle to reduce death and injury resulting from frontovers or low-speed forward-moving vehicle incidents. (c) Requirement.--The motor vehicle safety standard described in subsection (a) shall-- (1) include a forward perception standard that includes frontover and low-speed forward-moving vehicle incidents; and (2) define ``frontover''. (d) Timeline.-- (1) In general.--Not later than 1 year after the date on which the rulemaking is initiated under subsection (a), the Secretary shall promulgate the final motor vehicle safety standard described in that subsection. (2) Full compliance.--Not later than 2 years after the date on which the final motor vehicle safety standard is promulgated under paragraph (1), the Secretary shall require full compliance with that final motor vehicle safety standard. (3) Phase-in period.-- (A) In general.--The Secretary may establish a phase-in period for compliance with the motor vehicle safety standard promulgated under paragraph (1). (B) Phase-in priorities.-- (i) In general.--In establishing a phase-in period under subparagraph (A), the Secretary shall consider whether to require the phase-in according to different types of motor vehicles based on data demonstrating the frequency by which various types of motor vehicles have been involved in frontovers or low-speed forward- moving vehicle incidents resulting in injury or death. (ii) Regulations required.--If the Secretary determines under clause (i) that any type of motor vehicle should be given priority for the phase-in period established under subparagraph (A), the Secretary shall promulgate regulations that specify-- (I) the 1 or more types of motor vehicles that shall be phased-in first; and (II) the percentages by which those motor vehicles shall be phased-in. (e) Report to Congress.--Not later than 2 years after the date of enactment of this Act, and every 90 days thereafter, if the final motor vehicle safety standard described in subsection (a) has not been promulgated in accordance with the requirements of this section, the Secretary shall submit to Congress a report on-- (1) the reasons for the delay in promulgating that motor vehicle safety standard; and (2) the steps being taken by the Secretary-- (A) to address those reasons; and (B) to promulgate that motor vehicle safety standard. SEC. 4. UPDATES TO THE NON-TRAFFIC SURVEILLANCE SYSTEM. (a) In General.--The Secretary shall include an element for a frontover and an element for a backover in the data maintained, and the summary reports published from that data, under the Non-Traffic Surveillance (NTS) System of the National Highway Traffic Safety Administration. (b) Other Reporting Considerations.--In addition to the requirement under subsection (a), the Secretary may consider other mechanisms to help inform reporting relating to frontovers and backovers, including changes to State crash report data requirements or other reporting systems. <all>

STOP Frontovers Act of 2022

A bill to direct the Secretary of Transportation to promulgate a Federal motor vehicle safety standard to reduce the incidence of child injury and death occurring during low-speed incidents involving motor vehicles, and for other purposes.

STOP Frontovers Act of 2022 Standards To Prevent Frontovers Act of 2022

Sen. Blumenthal, Richard

D

CT

This bill directs the Department of Transportation (DOT) to promulgate a federal motor vehicle safety standard that requires vehicles to be equipped with technology that enables drivers to detect and respond to objects in front of their vehicle to reduce death and injury resulting from frontovers or low-speed forward-moving vehicle incidents. DOT must also update the Non-Traffic Surveillance (NTS) System of the National Highway Traffic Safety Administration to include an element for frontovers and backovers in the data maintained and summary reports published from such data.

To direct the Secretary of Transportation to promulgate a Federal motor vehicle safety standard to reduce the incidence of child injury and death occurring during low-speed incidents involving motor vehicles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Standards To Prevent Frontovers Act of 2022'' or the ``STOP Frontovers Act of 2022''. DEFINITIONS. (2) Motor vehicle.-- (A) In general.--The term ``motor vehicle'' has the meaning given the term in section 30102(a) of title 49, United States Code. (B) Exclusions.--The term ``motor vehicle'' does not include-- (i) a motorcycle or a trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations (or a successor regulation)); or (ii) any motor vehicle that is rated at more than 26,000 pounds gross vehicular weight. (3) Object.--The term ``object'' means-- (A) a motor vehicle; (B) a pedestrian, bicyclist, or other vulnerable road user; (C) a wheelchair or assistive device user; (D) a micromobility or motorcycle rider; (E) a pet; and (F) any other individual, animal, or equipment, as determined by the Secretary. 3. FORWARD VISIBILITY AND PERCEPTION RULEMAKING. (b) Considerations.-- (1) Technology neutral.--The motor vehicle safety standard described in subsection (a) may be met by the provision of sensors, cameras, or other technology to expand the perception zone of a driver. (2) Full compliance.--Not later than 2 years after the date on which the final motor vehicle safety standard is promulgated under paragraph (1), the Secretary shall require full compliance with that final motor vehicle safety standard. (B) Phase-in priorities.-- (i) In general.--In establishing a phase-in period under subparagraph (A), the Secretary shall consider whether to require the phase-in according to different types of motor vehicles based on data demonstrating the frequency by which various types of motor vehicles have been involved in frontovers or low-speed forward- moving vehicle incidents resulting in injury or death. SEC. 4. UPDATES TO THE NON-TRAFFIC SURVEILLANCE SYSTEM. (a) In General.--The Secretary shall include an element for a frontover and an element for a backover in the data maintained, and the summary reports published from that data, under the Non-Traffic Surveillance (NTS) System of the National Highway Traffic Safety Administration. (b) Other Reporting Considerations.--In addition to the requirement under subsection (a), the Secretary may consider other mechanisms to help inform reporting relating to frontovers and backovers, including changes to State crash report data requirements or other reporting systems.

H.R.5088

Foreign Trade and International Finance

Stopping Terrorist Minerals Trade Act This bill requires the President to prohibit the importation into or transit through the United States of any mineral or mineral product from Afghanistan. The President may waive this requirement for up to one year after certifying that (1) a mineral was mined (or a mineral product was produced) prior to August 16, 2021; (2) the waiver is in U.S. national interests; or (3) a fair, free, and democratic government has control of Afghanistan and is not funding, supporting, or engaging in global terrorism. The President must develop and maintain a list of countries engaged in the trade of minerals with Afghanistan and require the heads of federal departments and agencies to review the standards, practices, and procedures of U.S. persons seeking to import any mineral or mineral product of a country on this list. Such U.S. person must keep a full record of complete information relating to the mineral or mineral product sought to be imported. The bill provides for enforcement through fines and through customs laws relating to seizure and forfeiture. The President must also establish an Oversight Coordinating Committee to coordinate implementation of the bill's requirements. The Government Accountability Office must report on the effectiveness of these requirements in preventing the importation of minerals or mineral products from Afghanistan.

To prohibit the importation into, or transit through, the United States of any mineral, or product produced with minerals, from 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 ``Stopping Terrorist Minerals Trade Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Funds derived from the sale of minerals in Afghanistan will be used by the Taliban and its allies to finance terrorist and military activities, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. (2) The United States spent 20 years and two trillion dollars to attempt to bring peace and international comity to Afghanistan, only to see the Taliban supported by other international actors overthrow the legal government in a matter of hours. (3) The United States spent tens of millions of dollars funding critical mineral surveys and mineral exploration to help build an alternative economy for the legitimate peaceful Government of Afghanistan and that data has now fallen into the hands of the Taliban and its allies. (4) Prohibiting the Taliban and its allies from profiting from the use of these mineral resources will ensure that threats to international peace and security posed by the Taliban will not be funded with these minerals. SEC. 3. DEFINITIONS. In this Act: (1) Mineral.--The term ``mineral'' means any mined material. (2) United states.--The term ``United States'', when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (3) United states person.--The term ``United States person'' means-- (A) any United States citizen or any alien admitted for permanent residence into the United States; (B) any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches); and (C) any person in the United States. SEC. 4. MEASURES TO PROHIBIT THE IMPORTATION INTO, OR TRANSIT THROUGH, THE UNITED STATES OF MINERALS AND PRODUCTS PRODUCED WITH MINERALS FROM AFGHANISTAN. (a) Prohibition.--The President shall prohibit the importation into, or transit through, the United States of any mineral, or product produced with minerals, from Afghanistan. (b) Waiver.--The President may waive the requirements set forth in subsection (a) with respect to the importation of any mineral, or product produced with minerals, from Afghanistan for periods of not more than 1 year each, if, with respect to each such waiver the President determines and reports to the appropriate congressional committees that-- (1) such mineral was mined, or such product was produced, prior to August 16, 2021; (2) the waiver is in the national interests of the United States, together with the reasons therefor; or (3) a fair, free, and democratic government has control of Afghanistan and is not funding, supporting, or engaging in global terrorism. (c) Measures To Prevent Circumvention.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and semi-annually thereafter, the President shall develop and maintain a list of countries engaged in the trade of minerals with Afghanistan. (2) Recordkeeping.--Any United States person seeking to import into the United States any mineral, or product produced with minerals, from a country on the list of countries required under paragraph (1) shall keep a full record of, in the form of reports, blockchain, or otherwise, complete information relating to the mineral, or product produced with minerals, including source, volume, and nation of origin. The President may require such person to furnish such information under oath, including the production of books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (3) Oversight.--The President shall require the heads of appropriate Federal departments and agencies to conduct annual reviews of the standards, practices, and procedures of United States persons seeking to import into the United States any mineral, or product produced with minerals, from a country on the list of countries required under paragraph (1) to determine whether such standards, practices, and procedures are in accordance with the prohibition on the importation into, or transit through, the United States of any mineral, or product produced with minerals, from Afghanistan required under subsection (a). SEC. 5. STATEMENT OF POLICY. It is the policy of the United States to promote and facilitate the adoption by the international community of measures similar to the measures to prohibit the importation into, or transit through, the United States of minerals and products produced with minerals from Afghanistan as described in section 4 in order to prevent the funding of terrorist activities by the Taliban. SEC. 6. ENFORCEMENT. (a) In General.--In addition to the enforcement provisions set forth in subsection (b)-- (1) a civil penalty of not to exceed $10,000,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this Act; and (2) whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this Act shall, upon conviction, be fined not more than $50,000,000, or, if a natural person, may be imprisoned for not more than 10 years, or both, and any officer, director, or agent of any corporation who willfully participates in such violation may be punished by a like fine, imprisonment, or both. (b) Import Violations.--Those customs laws of the United States, both civil and criminal, including those laws relating to seizure and forfeiture, that apply to articles imported in violation of such laws shall apply with respect to any mineral, or product produced with minerals, imported in violation of this Act. SEC. 7. TECHNICAL ASSISTANCE. The President may direct the appropriate departments and agencies of the United States Government to make available technical assistance to countries seeking to track, monitor, or enforce the requirements of the Act. SEC. 8. OVERSIGHT COORDINATING COMMITTEE. (a) In General.--The President shall establish an Oversight Coordinating Committee to coordinate the implementation of this Act. (b) Membership.--The Committee shall be composed of the following individuals or their designees: (1) The Secretary of the Treasury and the Secretary of State, who shall be co-chairpersons. (2) The Secretary of Commerce. (3) The Secretary of Defense. (4) The United States Trade Representative. (5) The Secretary of Homeland Security. (6) A representative of any other agency the President deems appropriate. SEC. 9. REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and every 12 months thereafter for such period as this Act is in effect, the President shall transmit to the Congress a report on the implementation of this Act. (b) Matters To Be Included.--The report required by subsection (a) shall include the following: (1) An identification of countries on the list of countries required by section 4(c)(1) and description of actions taken by such countries with respect to the trade of minerals with Afghanistan and potential uses of products produced with minerals from Afghanistan. (2) A description of whether there is statistical information or other evidence to indicate efforts to circumvent the prohibition on the importation into, or transit through, the United States of any mineral, or product produced with minerals, from Afghanistan under section 4(a). (3) An identification of any problems or obstacles encountered in the implementation of this Act. SEC. 10. GAO REPORT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the effectiveness of the provisions of this Act in preventing the importation of minerals or products produced with minerals from Afghanistan. (b) Matters To Be Included.--The Comptroller General shall include in the report any recommendations on any modifications to this Act that may be necessary. SEC. 11. REGULATORY AND OTHER AUTHORITIES; DELEGATION OF AUTHORITIES. (a) Regulatory and Other Authorities.--The President is authorized to and shall issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to carry out this Act. (b) Delegation of Authorities.--The President may delegate the duties and authorities under this Act to such officers, officials, departments, or agencies of the United States Government as the President deems appropriate. <all>

Stopping Terrorist Minerals Trade Act

To prohibit the importation into, or transit through, the United States of any mineral, or product produced with minerals, from Afghanistan, and for other purposes.

Stopping Terrorist Minerals Trade Act

Rep. Gosar, Paul A.

R

AZ

This bill requires the President to prohibit the importation into or transit through the United States of any mineral or mineral product from Afghanistan. The President may waive this requirement for up to one year after certifying that (1) a mineral was mined (or a mineral product was produced) prior to August 16, 2021; (2) the waiver is in U.S. national interests; or (3) a fair, free, and democratic government has control of Afghanistan and is not funding, supporting, or engaging in global terrorism. The President must develop and maintain a list of countries engaged in the trade of minerals with Afghanistan and require the heads of federal departments and agencies to review the standards, practices, and procedures of U.S. persons seeking to import any mineral or mineral product of a country on this list. Such U.S. person must keep a full record of complete information relating to the mineral or mineral product sought to be imported. The bill provides for enforcement through fines and through customs laws relating to seizure and forfeiture. The President must also establish an Oversight Coordinating Committee to coordinate implementation of the bill's requirements. The Government Accountability Office must report on the effectiveness of these requirements in preventing the importation of minerals or mineral products from Afghanistan.

SHORT TITLE. This Act may be cited as the ``Stopping Terrorist Minerals Trade Act''. 2. FINDINGS. (2) The United States spent 20 years and two trillion dollars to attempt to bring peace and international comity to Afghanistan, only to see the Taliban supported by other international actors overthrow the legal government in a matter of hours. 3. DEFINITIONS. In this Act: (1) Mineral.--The term ``mineral'' means any mined material. 4. MEASURES TO PROHIBIT THE IMPORTATION INTO, OR TRANSIT THROUGH, THE UNITED STATES OF MINERALS AND PRODUCTS PRODUCED WITH MINERALS FROM AFGHANISTAN. The President may require such person to furnish such information under oath, including the production of books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. 5. STATEMENT OF POLICY. ENFORCEMENT. (a) In General.--In addition to the enforcement provisions set forth in subsection (b)-- (1) a civil penalty of not to exceed $10,000,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this Act; and (2) whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this Act shall, upon conviction, be fined not more than $50,000,000, or, if a natural person, may be imprisoned for not more than 10 years, or both, and any officer, director, or agent of any corporation who willfully participates in such violation may be punished by a like fine, imprisonment, or both. (b) Import Violations.--Those customs laws of the United States, both civil and criminal, including those laws relating to seizure and forfeiture, that apply to articles imported in violation of such laws shall apply with respect to any mineral, or product produced with minerals, imported in violation of this Act. 7. TECHNICAL ASSISTANCE. 8. (a) In General.--The President shall establish an Oversight Coordinating Committee to coordinate the implementation of this Act. (b) Membership.--The Committee shall be composed of the following individuals or their designees: (1) The Secretary of the Treasury and the Secretary of State, who shall be co-chairpersons. (6) A representative of any other agency the President deems appropriate. 9. REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and every 12 months thereafter for such period as this Act is in effect, the President shall transmit to the Congress a report on the implementation of this Act. (b) Matters To Be Included.--The report required by subsection (a) shall include the following: (1) An identification of countries on the list of countries required by section 4(c)(1) and description of actions taken by such countries with respect to the trade of minerals with Afghanistan and potential uses of products produced with minerals from Afghanistan. 10. SEC. 11. REGULATORY AND OTHER AUTHORITIES; DELEGATION OF AUTHORITIES.

H.R.2303

Education

Supporting Apprenticeship Colleges Act of 2021 This bill directs the Department of Education to award grants to institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs for (1) expanding or supporting outreach to high schools, local businesses, and local workforce development boards; and (2) providing advising and support services to students who are enrolled in these apprenticeship programs.

To authorize funding to expand and support enrollment at institutions of higher education that sponsor construction and manufacturing- oriented registered apprenticeship programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Apprenticeship Colleges Act of 2021''. SEC. 2. COMMUNITY OUTREACH GRANT PROGRAM. (a) In General.--From the amounts appropriated under subsection (f), the Secretary of Education shall provide grants to eligible entities for the purposes of expanding or supporting potential student and employer outreach carried out by such entities with respect to the construction and manufacturing-oriented registered apprenticeship programs offered by such entities. (b) Amounts.--The total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Use of Grants.--An eligible entity that receives a grant under this section shall use such grant for the outreach described in subsection (a), which shall include the following: (1) Outreach to high schools, for the purpose of educating students, parents, guardians, and faculty on the benefits of enrolling in the construction and manufacturing-oriented registered apprenticeship program offered by the eligible entity. (2) Outreach to local businesses and other potential employers for the purpose of educating such employers on the benefits of hiring graduates of such program, which shall-- (A) primarily target relationship building with potential employers in rural, exurban, and suburban areas; and (B) seek to maximize the number of students who work in such areas after completing such program. (3) Outreach to local workforce development boards for the purpose of reaching nontraditional student populations and prioritizing local needs. (d) Application Requirements.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate outreach efforts targeted at increasing program enrollment for rural, first generation, minority, and nontraditional students, or other students from underrepresented population. (f) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2021 through 2025. SEC. 3. STUDENT SUPPORT GRANT PROGRAM FOR EXPANDED ACADEMIC ADVISING. (a) In General.--From the amounts appropriated under subsection (g), the Secretary of Education shall provide grants to eligible entities for the activities described in subsection (d). (b) Amounts.--The total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Multiple Grants Permitted.--An eligible entity may receive a grant under sections 2 and 3. (d) Use of Grants.-- (1) In general.--An eligible entity that receives a grant under this section shall use such grant for advising and support services to enrollees of construction and manufacturing-oriented registered apprenticeship programs offered by such entity to increase retention and persistence for students. (2) Requirements.--Such advising and support services shall include the following: (A) Expanding academic advising programs that provide services to students, including the following: (i) Career advising and professional development. (ii) Support for English as a second language students. (iii) Information and resource systems. (iv) Mentoring systems. (v) Other such programs. (B) Expanding student support programs that provide services to students, including the following: (i) Health and family-related services, including substance abuse disorder and mental health counseling. (ii) Support for first-generation students. (iii) Childcare support. (iv) Other such programs. (v) In the case of an eligible entity that is a construction and manufacturing-oriented registered apprenticeship program, maintaining its accreditation by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.), (e) Application Requirements.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report.-- (1) In general.--An eligible entity that receives a grant under this section shall submit to the Secretary a report on-- (A) the activities supported by the grant; (B) the number of students participating in the activities supported by the grant; (C) any progress made in achieving the goals of the program supported by the grant, in general, and measuring in particular-- (i) the effectiveness of the grant in expanding overall enrollment and program completion rates; and (ii) the effectiveness of the grant in expanding enrollment and program completion rates for underrepresented populations; and (D) such other information as the Secretary determines to be appropriate. (2) Timeline for submission of report.--The report under paragraph (1) shall be submitted to the Secretary not later than 180 days after the date on which the eligible entity concludes the activities supported by the grant under this section. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2021 through 2025. SEC. 4. DEFINITIONS. In this Act: (1) Construction and manufacturing-oriented apprenticeship college.--The term ``construction and manufacturing-oriented apprenticeship college'' means-- (A) an institution of higher education that is a sponsor of a construction and manufacturing-oriented registered apprenticeship program; or (B) a construction and manufacturing-oriented registered apprenticeship program. (2) Construction and manufacturing-oriented registered apprenticeship program.--The term ``construction and manufacturing-oriented registered apprenticeship program'' means a registered apprenticeship program that-- (A) provides coursework and training in preparation for employment in the construction or manufactory industry (such as employment as a painter, drywall finisher, glazier, or glassworker); (B)(i) leads to a recognized postsecondary credential other than a certificate of completion of an apprenticeship; or (ii) awards credits that can be applied toward a recognized postsecondary credential; and (C) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.). (3) Eligible entity.--The term ``eligible entity'' means a construction and manufacturing-oriented apprenticeship college. (4) First generation college student.--The term ``first generation college student'' has the meaning given the term in section 402A(h) of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(h)). (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) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (7) Outreach.--The term ``outreach'' means communications and relationship-building opportunities undertaken by an eligible entity. (8) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (9) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (10) Second language.--The term ``second language'' means any language other than English, including Braille and American Sign Language. (11) Secretary.--The term ``Secretary'' means the Secretary of Education. (12) Underrepresented population.--The term ``underrepresented population'' means an individual who is from a group whose gender, ethnic background, or national origin is not traditionally represented in registered apprenticeship programs. <all>

Supporting Apprenticeship Colleges Act of 2021

To authorize funding to expand and support enrollment at institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs, and for other purposes.

Supporting Apprenticeship Colleges Act of 2021

Rep. Craig, Angie

D

MN

This bill directs the Department of Education to award grants to institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs for (1) expanding or supporting outreach to high schools, local businesses, and local workforce development boards; and (2) providing advising and support services to students who are enrolled in these apprenticeship programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. COMMUNITY OUTREACH GRANT PROGRAM. (2) Outreach to local businesses and other potential employers for the purpose of educating such employers on the benefits of hiring graduates of such program, which shall-- (A) primarily target relationship building with potential employers in rural, exurban, and suburban areas; and (B) seek to maximize the number of students who work in such areas after completing such program. (f) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2021 through 2025. (a) In General.--From the amounts appropriated under subsection (g), the Secretary of Education shall provide grants to eligible entities for the activities described in subsection (d). (b) Amounts.--The total grant amount made to an eligible entity under this section may not exceed $500,000. (2) Requirements.--Such advising and support services shall include the following: (A) Expanding academic advising programs that provide services to students, including the following: (i) Career advising and professional development. (iii) Information and resource systems. (iv) Mentoring systems. (v) Other such programs. (ii) Support for first-generation students. 1099a et seq. ), (e) Application Requirements.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report.-- (1) In general.--An eligible entity that receives a grant under this section shall submit to the Secretary a report on-- (A) the activities supported by the grant; (B) the number of students participating in the activities supported by the grant; (C) any progress made in achieving the goals of the program supported by the grant, in general, and measuring in particular-- (i) the effectiveness of the grant in expanding overall enrollment and program completion rates; and (ii) the effectiveness of the grant in expanding enrollment and program completion rates for underrepresented populations; and (D) such other information as the Secretary determines to be appropriate. SEC. 4. DEFINITIONS. (3) Eligible entity.--The term ``eligible entity'' means a construction and manufacturing-oriented apprenticeship college. 1070a-11(h)). 7801). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (8) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (9) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. (10) Second language.--The term ``second language'' means any language other than English, including Braille and American Sign Language. (11) Secretary.--The term ``Secretary'' means the Secretary of Education.

H.R.6059

Animals

Wildlife Conservation and Anti-Trafficking Act of 2021 This bill sets forth provisions relating to wildlife conservation, anti-trafficking and poaching, and illegal fishing. Specifically, the bill The bill also modifies the federal criminal code to make wildlife trafficking and illegal fishing predicates with respect to the enforcement of certain criminal offenses, including racketeering and money laundering.

To support wildlife conservation, improve anti-trafficking enforcement, provide dedicated funding at no expense to taxpayers, and for other 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 ``Wildlife Conservation and Anti-Trafficking Act of 2021''. (b) Table of Contents.--The table of contents for this Act is the following: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--WILDLIFE TRAFFICKING WHISTLEBLOWERS Sec. 101. Definition of Secretary concerned. Sec. 102. Plan of action. Sec. 103. Awards to whistleblowers. TITLE II--WILDLIFE CONSERVATION Sec. 201. International Wildlife Conservation Program. Sec. 203. Amendments to Great Ape Conservation Act of 2000. Sec. 204. Funding for Exotic Bird Conservation. Sec. 205. Funding for Rhinoceros and Tiger Conservation. Sec. 206. Funding for Neotropical Migratory Bird Conservation. Sec. 207. Amendments to Marine Turtle Conservation Act of 2004. Sec. 208. Funding for marine mammal conservation. Sec. 209. Funding for shark conservation. Sec. 210. Uses of transferred funds for wildlife conservation. TITLE III--ANTI-TRAFFICKING AND POACHING Sec. 301. United States Fish and Wildlife Service officers abroad. Sec. 302. Wildlife trafficking violations as predicate offenses under Travel Act and racketeering statute. Sec. 303. Funds from wildlife trafficking violations of money laundering statute. Sec. 304. Technical and conforming amendments. Sec. 305. Publication of Certifications under the Pelly Amendment. TITLE IV--ILLEGAL, UNREPORTED, AND UNREGULATED FISHING Sec. 401. Funding for illegal, unreported, and unregulated fishing enforcement. Sec. 402. Illegal, unreported, and unregulated fishing as predicate offenses under money laundering statute. Sec. 403. Funds from illegal, unreported, and unregulated fishing violations of money laundering statute. Sec. 404. Uses of transferred funds for illegal, unreported, and unregulated fishing enforcement. Sec. 405. Department of State Rewards for Justice Program. SEC. 2. DEFINITIONS. In this Act: (1) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249). (2) Country of concern; focus country; wildlife trafficking.--The terms ``country of concern'', ``focus country'', and ``wildlife trafficking'' have the meanings given those terms in section 2 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601). (3) Shark.--The term ``shark'' means any species of the orders Hexanchiformes, Pristiophoriformes, Squaliformes, Squatiniformes, Heterodontiforms, Orectolobiformes, Lamniformes, and Carchariniformes. (4) Import; species; take; wildlife.--The terms ``import'', ``species'', ``take'', and ``wildlife'' have the meaning given those terms in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532). TITLE I--WILDLIFE TRAFFICKING WHISTLEBLOWERS SEC. 101. DEFINITION OF SECRETARY CONCERNED. In this title, the term ``Secretary concerned'' means, as applicable-- (1) the Attorney General; (2) the Secretary of the Interior; (3) the Secretary of Commerce; (4) the Secretary of State; and (5) the Secretary of the Treasury. SEC. 102. PLAN OF ACTION. (a) In General.--In coordination with other Federal agencies as appropriate, not later than 1 year after the date of enactment of this Act, the Secretaries concerned shall develop a plan of action to fully carry out existing authorities for awards to whistleblowers of violations of laws applicable to wildlife trafficking. (b) Requirements.--The plan of action under subsection (a) shall-- (1) include a strategy to raise public awareness in the United States and abroad for reward opportunities for whistleblowers provided under-- (A) section 3 of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l); (B) section 106(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1376(c)); (C) section 11(d) of the Endangered Species Act of 1973 (16 U.S.C. 1540(d)); (D) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); (E) section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225); (F) section 7(f) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(f)); and (G) other laws applicable to wildlife trafficking; (2) delineate short-term and long-term goals for increasing enforcement against wildlife trafficking, including recruitment of whistleblowers, as appropriate; (3) describe specific actions to be taken to achieve the goals under paragraph (2) and the means necessary to do so, including-- (A) formal partnerships with nongovernmental organizations; and (B) the establishment of Whistleblower Offices-- (i) to coordinate the receipt of whistleblower disclosures; (ii) to ensure referrals to the appropriate law enforcement offices; and (iii) to communicate with whistleblowers regarding the status of the respective cases referred by the whistleblowers and potential awards; (4) be published in the Federal Register for public comment for a period of not less than 60 days; and (5) not later than 90 days after the end of the period described in paragraph (4), be finalized and made readily available on a public Federal Government internet website. (c) Updates to Plan of Action.--In coordination with other Federal agencies as appropriate, not less frequently than once every 5 years, the Secretaries concerned shall review the plan of action under this section and, as necessary, revise the plan of action following public notice and comment. SEC. 103. AWARDS TO WHISTLEBLOWERS. (a) Award.-- (1) In general.--Subject to paragraphs (2) and (3), if a Secretary concerned proceeds with any judicial or administrative action under any of the laws described in section 102(b)(1) based on information brought to the attention of the Secretary concerned by a person qualified to receive an award under this section, the Secretary concerned shall pay that person an award. (2) Award amount.-- (A) In general.--Subject to subparagraph (B), in determining the amount of an award made under this subsection, the Secretary concerned shall take into consideration-- (i) the significance of the information provided by the whistleblower to the success of covered judicial or administrative action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action; and (iii) the programmatic interest of the Secretary in deterring violations of laws applicable to wildlife trafficking by making awards to whistleblowers who provide information that lead to the successful enforcement of such laws. (B) Requirement.--The award under paragraph (1) shall be not less than 10 percent, and not more than 30 percent, of the amounts received by the United States as penalties, interest, fines, forfeitures, community service payments, restitution payments, and additional amounts in the action (including any related civil or criminal actions) or under any settlement or plea agreement in response to that action. (C) Timeline.--The amount of the award under paragraph (1) shall be-- (i) determined not later than 90 days after the date of the applicable plea agreement, judgment, or settlement in that action; and (ii) paid from the amounts so received by the United States. (3) Application.--A Secretary concerned may make an award under this subsection only in a case in which the total sanction from all penalties, fines, community service payments, restitution, interest, forfeitures, or civil or criminal recoveries (including in related actions) exceeds $100,000. (b) Reduction in or Denial of Award.-- (1) Reduction of award.--If the applicable Secretary concerned determines that the claim for an award under subsection (a) is brought by a person who planned and initiated the actions that led to the violation, the Secretary concerned may appropriately reduce the amount of the award. (2) Denial of award.--If the person described in paragraph (1) is convicted of criminal conduct arising from the role described in that paragraph, the applicable Secretary concerned shall deny any award under this subsection. (c) Appeal of Award Determination.--Any determination with respect to an award under subsection (a) may be appealed to the appropriate court of appeals of the United States pursuant to section 706 of title 5, United States Code, not later than 30 days after the date of the determination. (d) Submission of Information.--The Secretaries concerned shall permit the submission of confidential and anonymous reports under this subsection consistent with the procedures set forth in subsections (d)(2) and (h) of section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6). (e) Limitation on Application.--This section shall apply only with respect to amounts received by the United States described in subsection (a) on or after the date of enactment of this Act. (f) Annual Report.-- (1) In general.--The Secretaries concerned shall submit to Congress a report describing their use of whistleblower authorities in law enforcement, including claims filed, awards paid, the provision or provisions of law violated from which whistleblower payments were derived, and outreach conducted under this section. (2) Incorporation allowed.--The requirement under paragraph (1) may be satisfied by incorporating the report into the plan of action required under section 102 or a revision under section 102(c). (g) Retaliation.-- (1) Prohibition on retaliation.--No employer shall retaliate against any employee, former employee, or applicant for employment because the employee, former employee, or applicant for employment filed a claim under this provision, raised concerns to other federal, state or local regulatory or law enforcement authorities concerning a potential violation of any wildlife trafficking law covered under this provision, or reported such violation to his or her supervisor or another person working on behalf of the employer who has the authority to investigate or correct any such potential violation. (2) Complaints.--An employee alleging discharge or discrimination in violation of subsection (g) of this section, or another person at the employee's request, may file a complaint with respect to such allegation in the same manner as a complaint may be filed under subsections (c) and (d) of section 5567 of title 12, United States Code. Such complaint shall be subject to the procedures, requirements and rights described in those sections. TITLE II--WILDLIFE CONSERVATION SEC. 201. INTERNATIONAL WILDLIFE CONSERVATION PROGRAM. (a) Definitions.--In this section: (1) Program.--The term ``Program'' means the International Wildlife Conservation Program established under subsection (b). (2) Range state.--The term ``range state'' means a foreign country, a freely associated state (pursuant to the Compact of Free Association authorized by Public Law 99-239 (99 Stat. 1770)), or any territory or possession of the United States, any portion of which is within the natural range of distribution of a wildlife species. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Authorization of Program.--The Secretary shall carry out the International Wildlife Conservation Program in the United States Fish and Wildlife Service-- (1) to implement global habitat and conservation initiatives under the jurisdiction of the Secretary; (2) to address global conservation threats; (3) to combat wildlife trafficking, poaching, and trade in illegal wildlife products; (4) to provide financial, scientific, and other technical assistance; (5) to facilitate implementation of treaties, conventions, accords, or similar international agreements entered into by the United States to promote fish, wildlife, plant, or habitat conservation; and (6) to carry out other international wildlife conservation and habitat activities authorized by Federal law, as the Secretary determines to be appropriate. (c) Program Components.--The Program shall include the following: (1) Regional component.--A regional component that shall-- (A) address grassroots conservation problems through capacity building within regions of range states to achieve comprehensive landscape or ecosystem- level fish or wildlife conservation; and (B) develop and implement a plan-- (i) to expand existing regional wildlife conservation programs as the Secretary determines to be appropriate; and (ii) to establish new regional conservation programs in other critical landscapes and wildlife habitat globally. (2) Species component.--A species component that shall consist of administration of the programs authorized under-- (A) the African Elephant Conservation Act (16 U.S.C. 4201 et seq.); (B) the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.); (C) the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.); (D) the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.); (E) the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.); (F) the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.); (G) the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.); (H) the Amphibians in Decline Fund established by the Secretary and administered by the United States Fish and Wildlife Service; (I) the Critically Endangered Animals Conservation Fund established by the Secretary and administered by the United States Fish and Wildlife Service; and (J) any similar authority provided to the Secretary relating to international wildlife conservation. (3) Anti-trafficking component.--An anti-trafficking component that shall consist of administration of the programs authorized under-- (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.); (C) the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et seq.); (D) subsections (a) and (d) of section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978); (E) other laws applicable to wildlife trafficking, as determined by the Secretary; and (F) activities authorized under section 301. (4) Convention component.--A convention component that shall consist of the Division of Management Authority and the Division of Scientific Authority of the United States Fish and Wildlife Service to implement CITES and carry out other related duties, as the Secretary determines to be appropriate. (5) Additional components.--The Secretary may include additional components in the Program as the Secretary determines to be appropriate. (d) Relationship to Other Law.--Nothing in this section alters the responsibilities of the Secretary under section 8 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742g) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (e) Acceptance and Use of Donations.--In carrying out the Program, the Secretary may-- (1) accept donations of funds, gifts, and in-kind contributions; and (2) use those donations, without further appropriation, for capacity building, grants, and other on-the-ground uses under the program components described in subsection (c). SEC. 202. AMENDMENTS TO GREAT APE CONSERVATION ACT OF 2000. Section 5(a) of the Great Ape Conservation Act of 2000 (16 U.S.C. 6304) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) any amounts, other than amounts paid as awards to whistleblowers, received by the United States for any violation of law pertaining to great apes under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or regulations implementing those Acts, including any of those amounts received as-- ``(A) fines or penalties; ``(B) proceeds from sales of forfeited property, assets, or cargo; or ``(C) restitution to the Federal Government.''. SEC. 203. FUNDING FOR EXOTIC BIRD CONSERVATION. Section 114(b)(2)(A) of the Wild Bird Conservation Act of 1992 (16 U.S.C. 4913(b)(2)(A)) is amended to read as follows: ``(A) all amounts received by the United States in the form of penalties, fines, or forfeiture of property (or proceeds from the sale of that forfeited property) collected under this Act or imposed for violations pertaining to exotic birds under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or regulations implementing those Acts in excess of the cost of paying rewards under section 4912(c);''. SEC. 204. FUNDING FOR RHINOCEROS AND TIGER CONSERVATION. Section 7(f) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(f)) is amended to read as follows: ``(f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property (or proceeds from the sale of forfeited property) under this section-- ``(1) shall be made available to the Secretary without further appropriation for purposes described in section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)) relating to the purposes of this Act; and ``(2) such funds as the Secretary determines exceed amounts necessary for purposes described in paragraph (1) shall be deposited in the Fund.''. SEC. 205. FUNDING FOR NEOTROPICAL MIGRATORY BIRD CONSERVATION. (a) In General.--Section 9 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108) is amended-- (1) in the section heading, by striking ``account'' and inserting ``fund''; (2) in subsection (a), by striking ``Neotropical Migratory Bird Conservation Account'' and inserting ``Neotropical Migratory Bird Conservation Fund''; and (3) by amending subsection (b) to read as follows: ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- ``(1) all amounts, other than amounts paid as rewards to whistleblowers, received by the United States that are attributable to fines, penalties, and forfeitures of property (or proceeds from the sale of that forfeited property) imposed for violations pertaining to neotropical migratory birds under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or regulations implementing those Acts; ``(2) all amounts received by the Secretary in the form of donations under subsection (d); and ``(3) other amounts appropriated to the Fund.''; and (4) in subsections (c) and (d), by striking ``Account'' each place it appears and inserting ``Fund''. (b) Conforming Amendment.--Paragraph (1) of section 4 of such Act (16 U.S.C. 6103) is amended to read as follows: ``(1) Fund.--The term `Fund' means the Neotropical Migratory Bird Conservation Fund established by section 9(a).''. SEC. 206. AMENDMENTS TO MARINE TURTLE CONSERVATION ACT OF 2004. Section 5 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6604) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) any amounts, other than amounts paid as awards to whistleblowers, received by the United States for any violation of law pertaining to marine turtles, freshwater turtles, or tortoises under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or regulations implementing those Acts, including any of those amounts received as-- ``(A) fines or penalties; ``(B) proceeds from sales of forfeited property, assets, or cargo; or ``(C) restitution to the Federal Government.''. SEC. 207. FUNDING FOR MARINE MAMMAL CONSERVATION. (a) Deposits Into The Marine Mammal Unusual Mortality Event Fund.-- Section 405(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d(c)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(4) all amounts, other than amounts paid as rewards to whistleblowers, collected by the Secretary of Commerce, including assessment costs, fines, penalties, restitution, natural resource damages, and forfeitures of property (or proceeds from sales of forfeited assets or cargo), for violations of this Act or regulations implementing this Act; and ``(5) sums received from emergency declaration grants for marine mammal conservation.''. (b) Appropriation of Funds Received.--Section 509 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1423(h)) is amended by adding at the end the following new subsection: ``(d) Appropriation of Funds Received.--All amounts received by the Director of the United States Fish and Wildlife Service for violations of this Act shall be available without further appropriation and until expended to carry out the purposes this Act.''. SEC. 208. FUNDING FOR SHARK CONSERVATION. All amounts available to the Secretary of Commerce that are attributable to fines, penalties, and forfeitures of property (or proceeds from the sale of that forfeited property) imposed for violations under section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)) or violations of any fishery management plan for sharks prepared under title III of that Act (16 U.S.C. 1851 et seq.) shall be used by the Secretary of Commerce for-- (1) the benefit of the shark species impacted by the applicable violation, to the extent practicable; (2) shark conservation purposes, including to carry out amendments made by the Shark Conservation Act of 2010 (Public Law 111-348); (3) payment of awards to whistleblowers on an applicable violation under section 311(e)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)(B)); or (4) enforcement of section 307(1)(P) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)) or any fishery management plan for sharks under that Act. SEC. 209. USES OF TRANSFERRED FUNDS FOR WILDLIFE CONSERVATION. All amounts made available to the Secretary of the Interior under the amendments made by sections 302 and 303 shall be used-- (1) for the benefit of the species impacted by the applicable violation, to the extent practicable; (2) for payment of awards to whistleblowers on an applicable violation under section 103; or (3) to carry out-- (A) the African Elephant Conservation Act (16 U.S.C. 4201 et seq.); (B) the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.); (C) the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.); (D) the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.); (E) the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.); (F) the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.); (G) the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.); (H) the Amphibians in Decline Fund established by the Secretary and administered by the United States Fish and Wildlife Service; (I) the Critically Endangered Animals Conservation Fund established by the Secretary and administered by the United States Fish and Wildlife Service; or (J) any other international wildlife conservation programs or activities authorized by Federal law, as considered appropriate by the Secretary, including activities pursuant to sections 201 and 301. TITLE III--ANTI-TRAFFICKING AND POACHING SEC. 301. UNITED STATES FISH AND WILDLIFE SERVICE OFFICERS ABROAD. (a) Definitions.--In this section: (1) Host country.--The term ``host country'' means a country that is hosting a United States Fish and Wildlife officer under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Placement of Officers.--The Secretary, in consultation with the Secretary of State, may station not less than one United States Fish and Wildlife Service officer in the primary diplomatic or consular post of the United States in-- (1) a focus country or country of concern; (2) a country that has a national who has been certified by the Secretary under section 8(a)(2) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(2)) as engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species; or (3) other countries identified by the Secretary, in consultation with the Secretary of State. (c) Duties.--A United States Fish and Wildlife Service officer stationed under subsection (b) shall-- (1) assist local agencies or officials responsible for the protection of wildlife in the protection of wildlife and on- the-ground conservation; (2) facilitate apprehension of individuals who illegally kill or take, or assist in the illegal killing or taking of, wildlife; (3) support local agencies or officials responsible for the protection of wildlife in the host country and regional partners of the United States in wildlife trafficking investigations; (4) support wildlife trafficking investigations based in the United States with a nexus to a host country or region; (5) provide technical assistance and support to build capacity in the host country for wildlife conservation and anti-trafficking enforcement by agencies that partner with the host country; (6) advise on leveraging the assets of the United States Government to combat wildlife trafficking; (7) support effective implementation of CITES and other international agreements relating to wildlife conservation, in coordination with the Secretary of State; (8) work to reduce global demand for illegally traded wildlife products and illegally taken wildlife; and (9) conduct other duties as the Secretary, in consultation with the Secretary of State, determines to be appropriate to combat wildlife trafficking and promote conservation of at-risk species. SEC. 302. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER TRAVEL ACT AND RACKETEERING STATUTE. (a) Travel Act.--Section 1952 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) by striking ``or (3)'' and inserting ``(3)''; and (B) by striking ``of this title and (ii)'' and inserting the following: ``of this title, or (4) any act that is a criminal violation of subparagraph (A), (B), (C), (D), (E), or (F) of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000 and (ii)''; and (2) by adding at the end the following: ``(f) The Secretary of the Treasury shall transfer to the Secretary of the Interior any amounts received by the United States as civil penalties, fines, forfeitures of property or assets, or restitution to the Federal Government for any violation under this section that involves an unlawful activity described in subsection (b)(i)(4).''. (b) RICO.--Chapter 96 of title 18, United States Code, is amended-- (1) in section 1961(1)-- (A) by striking ``or (G)'' and inserting ``(G)''; and (B) by inserting before the semicolon at the end the following: ``, or (H) any act that is a criminal violation of subparagraph (A), (B), (C), (D), (E), or (F) of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000''; and (2) in section 1963, by adding at the end the following: ``(n) The Secretary of the Treasury shall transfer to the Secretary of the Interior any amounts received by the United States as civil penalties, fines, forfeitures of property or assets, or restitution to the Federal Government for any violation of section 1962 that is based on racketeering activity described in section 1961(1)(H).''. (c) Sport-Hunted Trophies.--Nothing in this section or the amendments made by this section-- (1) nullifies or supersedes any other provision of Federal law or any regulation pertaining to the import of sport-hunted wildlife trophies; (2) prohibits any citizen, national, or legal resident of the United States, or an agent of such an individual, from importing a lawfully taken sport-hunted trophy for personal or similar noncommercial use if the importation is in compliance with sections 4(d) and 10 of the Endangered Species Act of 1973 (16 U.S.C. 1533(d), 1539), section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)), and regulations implementing those sections; or (3) may be used to prosecute any citizen, national, or legal resident of the United States, or an agent of such an individual, for importing a lawfully taken sport-hunted trophy for personal or similar noncommercial use if the importation is in compliance with sections 4(d) and 10 of the Endangered Species Act of 1973 (16 U.S.C. 1533(d), 1539), section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)), and regulations implementing those sections. SEC. 303. FUNDS FROM WILDLIFE TRAFFICKING VIOLATIONS OF MONEY LAUNDERING STATUTE. Section 1956 of title 18, United States Code, is amended by adding at the end the following: ``(j) The Secretary of the Treasury shall transfer to the Secretary of the Interior any amounts received by the United States as civil penalties, fines, forfeitures of property or assets, or restitution to the Federal Government for any violation under this section that involves an unlawful activity described in subsection (c)(7)(G).''. SEC. 304. TECHNICAL AND CONFORMING AMENDMENTS. (a) Use of Amounts From Fines.--Section 1402(b)(1)(A) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(b)(1)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; and (2) by adding at the end the following: ``(iii) section 1952(f), section 1956(j), and section 1963(n) of title 18, United States Code; and''. (b) Use of Amounts From Forfeitures.--Section 524(c)(4)(A) of title 28, United States Code, is amended by inserting ``the Secretary of the Treasury pursuant to section 1952(f), section 1956(j), or section 1963(n) of title 18,'' before ``or the Postmaster General''. SEC. 305. PUBLICATION OF CERTIFICATIONS UNDER THE PELLY AMENDMENT. Section 8 of the Fisherman's Protective Act of 1967 (22 U.S.C. 1978) is amended-- (1) in subsection (a)-- (A) in paragraph (4), by inserting at the end the following: ``The Secretary of the Interior or the Secretary of Commerce, as appropriate, shall make readily available on an appropriate public internet website of the Federal Government a list of all certifications made under subsection (a) and maintain such listing until a termination of each such certification is made under subsection (d).''; and (B) in paragraph (5), by inserting at the end the following: ``The Secretary of the Treasury shall make readily available on an appropriate public internet website of the Federal Government a list of all offending countries for which a prohibition was made at the direction of the President under this paragraph.''; and (2) in subsection (d), by inserting ``and on the public Federal Government internet website required under subsection (a)(4)'' before the period. TITLE IV--ILLEGAL, UNREPORTED, AND UNREGULATED FISHING SEC. 401. FUNDING FOR ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT. All amounts available to the Secretary of Commerce that are attributable to fines, penalties, and forfeitures of property (or proceeds from the sale of that forfeited property) imposed for violations under section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(Q)) shall be used by the Secretary of Commerce for fisheries enforcement, including for payment of awards to whistleblowers under section 103 or other applicable laws and to carry out amendments made by the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 (Public Law 114-81; 129 Stat. 649). SEC. 402. ILLEGAL, UNREPORTED, AND UNREGULATED FISHING AS PREDICATE OFFENSES UNDER MONEY LAUNDERING STATUTE. Section 1956(c)(7) of title 18, United States Code, is amended-- (1) in subparagraph (F), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (G), by striking the semicolon and inserting ``; or''; and (3) by adding at the end the following: ``(H) any act that is a violation of section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(Q)), if the fish involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000;''. SEC. 403. FUNDS FROM ILLEGAL, UNREPORTED, AND UNREGULATED FISHING VIOLATIONS OF MONEY LAUNDERING STATUTE. Section 1956 of title 18, United States Code, is amended by adding at the end the following: ``(j) The Secretary of the Treasury shall transfer to the Secretary of Commerce any amounts received by the United States as civil penalties, fines, forfeitures of property or assets, or restitution to the Federal Government for any violation under this section that involves an unlawful activity described in subsection (c)(7)(H).''. SEC. 404. USES OF TRANSFERRED FUNDS FOR ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT. All amounts made available to the Secretary of Commerce under the amendments made by sections 402 and 403 shall be used for fisheries enforcement purposes, including to carry out amendments made by the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 (Public Law 114-81; 129 Stat. 649). SEC. 405. DEPARTMENT OF STATE REWARDS FOR JUSTICE PROGRAM. Subparagraph (B) of section 36(k)(5) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended by inserting ``, illegal fishing, unreported fishing, or unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001),'' after ``wildlife trafficking (as defined by section 7601(12) of title 16)''. <all>

Wildlife Conservation and Anti-Trafficking Act of 2021

To support wildlife conservation, improve anti-trafficking enforcement, provide dedicated funding at no expense to taxpayers, and for other purposes.

Wildlife Conservation and Anti-Trafficking Act of 2021

Rep. Garamendi, John

D

CA

This bill sets forth provisions relating to wildlife conservation, anti-trafficking and poaching, and illegal fishing. Specifically, the bill The bill also modifies the federal criminal code to make wildlife trafficking and illegal fishing predicates with respect to the enforcement of certain criminal offenses, including racketeering and money laundering.

SHORT TITLE; TABLE OF CONTENTS. 1. Definition of Secretary concerned. Plan of action. Awards to whistleblowers. Funding for Rhinoceros and Tiger Conservation. Funding for Neotropical Migratory Bird Conservation. Funding for marine mammal conservation. TITLE III--ANTI-TRAFFICKING AND POACHING Sec. United States Fish and Wildlife Service officers abroad. Funds from wildlife trafficking violations of money laundering statute. Technical and conforming amendments. Funding for illegal, unreported, and unregulated fishing enforcement. Sec. 7601). 102. 103. Such complaint shall be subject to the procedures, requirements and rights described in those sections. (a) Definitions.--In this section: (1) Program.--The term ``Program'' means the International Wildlife Conservation Program established under subsection (b). (5) Additional components.--The Secretary may include additional components in the Program as the Secretary determines to be appropriate. 6304) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) any amounts, other than amounts paid as awards to whistleblowers, received by the United States for any violation of law pertaining to great apes under the Endangered Species Act of 1973 (16 U.S.C. 5305a(f)) is amended to read as follows: ``(f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property (or proceeds from the sale of forfeited property) under this section-- ``(1) shall be made available to the Secretary without further appropriation for purposes described in section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 1531 et seq. 1857(1)(P)) or any fishery management plan for sharks under that Act. ); (C) the Wild Bird Conservation Act of 1992 (16 U.S.C. 301. (a) Definitions.--In this section: (1) Host country.--The term ``host country'' means a country that is hosting a United States Fish and Wildlife officer under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 302. 3372(a)), and regulations implementing those sections. 303. ''; and (2) in subsection (d), by inserting ``and on the public Federal Government internet website required under subsection (a)(4)'' before the period. 402. 1857(1)(Q)), if the fish involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000;''. 403. Section 1956 of title 18, United States Code, is amended by adding at the end the following: ``(j) The Secretary of the Treasury shall transfer to the Secretary of Commerce any amounts received by the United States as civil penalties, fines, forfeitures of property or assets, or restitution to the Federal Government for any violation under this section that involves an unlawful activity described in subsection (c)(7)(H).''. 405.

H.R.4354

Taxation

Child Care Flexibility for Working Families Act This bill modifies the tax credit for employer-provided child care to (1) allow the credit for the reimbursement of costs necessary for an employee's employment, and (2) allow an increased credit for certain small businesses (i.e., businesses with gross receipts not exceeding $25 million and with not more than 50 employees in a taxable year). The bill also requires the Government Accountability Office to complete a study that examines certain aspects of the tax credit.

To amend the Internal Revenue Code of 1986 to improve the employer- provided child care tax credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Flexibility for Working Families Act''. SEC. 2. IMPROVEMENTS TO THE EMPLOYER-PROVIDED CHILD CARE TAX CREDIT. (a) Credit Allowed for Reimbursement of Employee Child Care Expenses.--Section 45F(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by adding at the end the following new clause: ``(iv) to reimburse an employee for child care costs necessary for the employee's employment.''. (b) Credit Not Restricted to Child Care Facilities Providing Employer-Provided Child Care.-- (1) In general.--Section 45F(c)(2)(B) of such Code is amended in clause (i) by inserting ``and'' after the comma, by striking clause (ii), and by redesignating clause (iii) as clause (ii). (2) Conforming amendments.-- (A) The heading for section 45F of such Code is amended to read as follows: ``SEC. 45F CHILD CARE BUSINESS CREDIT.''. (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 of subtitle A of such Code is amended by striking the item relating to section 45F and inserting the following new item: ``45F. Child care business credit.''. (c) Credit Percentage for Small Employers.--Section 45F(e) of such Code is amended by adding at the end the following new paragraph: ``(4) Credit percentage for small employers.-- ``(A) In general.--With respect to a small employer, subsection (a)(1) shall be applied by substituting `50 percent' for `25 percent'. ``(B) Small employer.--For the purposes of this paragraph, the term `small employer' means, with respect to any taxable year, any employer if-- ``(i) the average number of employees of such employer on business days during such taxable year does not exceed 50, and ``(ii) the gross receipts of such employer during such taxable year do not exceed $25,000,000.''. (d) Study of Impact of Tax Credit for Employer-Provided Child Care.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall-- (A) complete a study that examines the tax credit for employer-provided child care authorized under section 45F of the Internal Revenue Code of 1986 by considering such metrics as-- (i) the characteristics of employers that take the credit, including the size of such employer, whether such employer is in a rural or urban location, and whether such employer also offers a dependent care assistance program described in section 129 of such Code, (ii) the characteristics of employers that do not take the credit, (iii) the extent to which employees benefit when employers provide child care and take the credit, (iv) any challenges identified by employers that do not take the credit, and (v) any explanations from employers as to why they do or do not take the credit, and (B) prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under subparagraph (A) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available on the website of the Government Accountability Office. (2) Prohibition.--In carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers claiming the credit under section 45F of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers beyond what is already required by law. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. <all>

Child Care Flexibility for Working Families Act

To amend the Internal Revenue Code of 1986 to improve the employer-provided child care tax credit.

Child Care Flexibility for Working Families Act

Rep. Wenstrup, Brad R.

R

OH

This bill modifies the tax credit for employer-provided child care to (1) allow the credit for the reimbursement of costs necessary for an employee's employment, and (2) allow an increased credit for certain small businesses (i.e., businesses with gross receipts not exceeding $25 million and with not more than 50 employees in a taxable year). The bill also requires the Government Accountability Office to complete a study that examines certain aspects of the tax credit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Flexibility for Working Families Act''. IMPROVEMENTS TO THE EMPLOYER-PROVIDED CHILD CARE TAX CREDIT. (a) Credit Allowed for Reimbursement of Employee Child Care Expenses.--Section 45F(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by adding at the end the following new clause: ``(iv) to reimburse an employee for child care costs necessary for the employee's employment.''. (2) Conforming amendments.-- (A) The heading for section 45F of such Code is amended to read as follows: ``SEC. Child care business credit.''. ``(B) Small employer.--For the purposes of this paragraph, the term `small employer' means, with respect to any taxable year, any employer if-- ``(i) the average number of employees of such employer on business days during such taxable year does not exceed 50, and ``(ii) the gross receipts of such employer during such taxable year do not exceed $25,000,000.''. (d) Study of Impact of Tax Credit for Employer-Provided Child Care.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall-- (A) complete a study that examines the tax credit for employer-provided child care authorized under section 45F of the Internal Revenue Code of 1986 by considering such metrics as-- (i) the characteristics of employers that take the credit, including the size of such employer, whether such employer is in a rural or urban location, and whether such employer also offers a dependent care assistance program described in section 129 of such Code, (ii) the characteristics of employers that do not take the credit, (iii) the extent to which employees benefit when employers provide child care and take the credit, (iv) any challenges identified by employers that do not take the credit, and (v) any explanations from employers as to why they do or do not take the credit, and (B) prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under subparagraph (A) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available on the website of the Government Accountability Office.

S.630

Taxation

Disability Employment Incentive Act This bill expands tax credits and deductions that are available for employers who hire and retain employees with disabilities. The bill expands the work opportunity tax credit to include the hiring of employees who receive Social Security Disability Insurance (SSDI) benefits. For employers who hire vocational rehabilitation referrals, Supplemental Security Income recipients, or SSDI recipients, the bill also (1) increases the amount of wages that may be taken into account for the credit, and (2) allows an additional credit for second-year wages. With respect to the tax credit for expenditures by eligible small businesses to provide access to disabled individuals, the bill increases the limits that apply to (1) the amount of expenditures that are eligible for the credit, and (2) the gross receipts and full-time employees of eligible small businesses. The bill also expands the tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly. The bill modifies the deduction to (1) increase the limitation on the amount of the deduction, and (2) allow the deduction to be used for certain improvements in the accessibility of internet or telecommunications services to handicapped and elderly individuals.

To amend the Internal Revenue Code of 1986 to include individuals receiving Social Security Disability Insurance benefits under the work opportunity credit, increase the work opportunity credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients, expand the disabled access credit, and enhance the deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Employment Incentive Act''. SEC. 2. EXPANSION OF WORK OPPORTUNITY CREDIT TO INCLUDE INDIVIDUALS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) in subparagraph (I), by striking ``or'' at the end, (B) in subparagraph (J), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new subparagraph: ``(K) a qualified SSDI recipient.'', and (2) by adding at the end the following new paragraph: ``(16) Qualified ssdi recipient.--The term `qualified SSDI recipient' means any individual who is certified by the designated local agency as receiving disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423) for any month ending within the 60-day period ending on the hiring date.''. (b) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021. SEC. 3. ENHANCEMENT OF WORK OPPORTUNITY CREDIT FOR VOCATIONAL REHABILITATION REFERRALS, QUALIFIED SSI RECIPIENTS, AND QUALIFIED SSDI RECIPIENTS. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and (2) by inserting after subsection (e) the following new subsection: ``(f) Credit for Second-Year Wages for Employment of Vocational Rehabilitation Referrals, Qualified SSI Recipients, and Qualified SSDI Recipients.-- ``(1) In general.--With respect to employment of a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 20 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such referral or recipient shall not exceed $12,500 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such referral or recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$12,500' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$1041.67' for `$500'.''. (b) Conforming Amendments.-- (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in subsection (c)(1), by striking ``subsection (h)(2)'' and inserting ``subsection (i)(2)'', (B) in subsection (e)(3), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)'', and (C) in subsection (g)(2), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)''. (2) Section 45A of such Code is amended-- (A) in subsection (b)(1)(B), by inserting ``or (f)(1)(A)'' after ``subsection (e)(1)(A)'', (B) in subsection (c)(5)(A), by striking ``section 51(i)(1)'' and inserting ``section 51(j)(1)'', and (C) in subsection (e)(3), by striking ``section 51(k)'' and inserting ``section 51(l)''. (3) Section 45S(h)(2) of such Code is amended by striking ``section 51(j)'' and inserting ``section 51(k)''. (4) Section 1396(d)(2)(A) of such Code is amended by striking ``section 51(i)(1)'' and inserting ``section 51(j)(1)''. (5) Section 1397(c) of such Code is amended by striking ``section 51(k)'' and inserting ``section 51(l)''. (6) Section 3111(e)(3)(B) of such Code is amended by striking ``subsection (i)(3)(A)'' and inserting ``subsection (j)(3)(A)''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021. SEC. 4. EXPANSION OF DISABLED ACCESS CREDIT. (a) Eligible Access Expenditures.--Subsection (a) of section 44 of the Internal Revenue Code of 1986 is amended by striking ``$10,250'' and inserting ``$20,250''. (b) Eligible Small Business.--Subsection (b)(1) of section 44 of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A), by striking ``$1,000,000'' and inserting ``$3,000,000'', and (2) in subparagraph (B), by striking ``30 full-time employees'' and inserting ``60 full-time employees''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 5. EXPANSION OF DEDUCTION FOR EXPENDITURES TO REMOVE ARCHITECTURAL AND TRANSPORTATION BARRIERS TO THE HANDICAPPED AND ELDERLY. (a) Inclusion of Improvements in Accessability to Internet and Telecommunications Operations.--Subsection (b) of section 190 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(4) Inclusion of improvements in accessability to internet and telecommunications operations.--The term `architectural and transportation barrier removal expenses' shall include an expenditure for the purpose of improving accessibility for handicapped and elderly individuals to any internet or telecommunications services provided within any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with their trade or business.''. (b) Increase in Deduction Limitation Amount.--Subsection (c) of section 190 of the Internal Revenue Code of 1986 is amended by striking ``$15,000'' and inserting ``$30,000''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Disability Employment Incentive Act

A bill to amend the Internal Revenue Code of 1986 to include individuals receiving Social Security Disability Insurance benefits under the work opportunity credit, increase the work opportunity credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients, expand the disabled access credit, and enhance the deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly.

Disability Employment Incentive Act

Sen. Casey, Robert P., Jr.

D

PA

This bill expands tax credits and deductions that are available for employers who hire and retain employees with disabilities. The bill expands the work opportunity tax credit to include the hiring of employees who receive Social Security Disability Insurance (SSDI) benefits. For employers who hire vocational rehabilitation referrals, Supplemental Security Income recipients, or SSDI recipients, the bill also (1) increases the amount of wages that may be taken into account for the credit, and (2) allows an additional credit for second-year wages. With respect to the tax credit for expenditures by eligible small businesses to provide access to disabled individuals, the bill increases the limits that apply to (1) the amount of expenditures that are eligible for the credit, and (2) the gross receipts and full-time employees of eligible small businesses. The bill also expands the tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly. The bill modifies the deduction to (1) increase the limitation on the amount of the deduction, and (2) allow the deduction to be used for certain improvements in the accessibility of internet or telecommunications services to handicapped and elderly individuals.

SHORT TITLE. This Act may be cited as the ``Disability Employment Incentive Act''. EXPANSION OF WORK OPPORTUNITY CREDIT TO INCLUDE INDIVIDUALS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) in subparagraph (I), by striking ``or'' at the end, (B) in subparagraph (J), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new subparagraph: ``(K) a qualified SSDI recipient. ENHANCEMENT OF WORK OPPORTUNITY CREDIT FOR VOCATIONAL REHABILITATION REFERRALS, QUALIFIED SSI RECIPIENTS, AND QUALIFIED SSDI RECIPIENTS. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such referral or recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$12,500' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$1041.67' for `$500'.''. (b) Conforming Amendments.-- (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in subsection (c)(1), by striking ``subsection (h)(2)'' and inserting ``subsection (i)(2)'', (B) in subsection (e)(3), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)'', and (C) in subsection (g)(2), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)''. 4. EXPANSION OF DISABLED ACCESS CREDIT. (b) Eligible Small Business.--Subsection (b)(1) of section 44 of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A), by striking ``$1,000,000'' and inserting ``$3,000,000'', and (2) in subparagraph (B), by striking ``30 full-time employees'' and inserting ``60 full-time employees''. SEC. 5. EXPANSION OF DEDUCTION FOR EXPENDITURES TO REMOVE ARCHITECTURAL AND TRANSPORTATION BARRIERS TO THE HANDICAPPED AND ELDERLY. (a) Inclusion of Improvements in Accessability to Internet and Telecommunications Operations.--Subsection (b) of section 190 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(4) Inclusion of improvements in accessability to internet and telecommunications operations.--The term `architectural and transportation barrier removal expenses' shall include an expenditure for the purpose of improving accessibility for handicapped and elderly individuals to any internet or telecommunications services provided within any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with their trade or business.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021.

H.R.9461

Foreign Trade and International Finance

This bill extends through FY2035 the special duty-free rules for Haiti. It also extends through FY2035 the duty-free treatment provided for apparel articles assembled in Haiti and imported from Haiti or the Dominican Republic.

To extend duty-free treatment provided with respect to imports from Haiti under the Caribbean Basin Economic Recovery Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF SPECIAL RULES FOR HAITI UNDER CARIBBEAN BASIN ECONOMIC RECOVERY ACT. Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B)(v)(I) to read as follows: ``(I) Applicable percentage.--The term `applicable percentage' means-- ``(aa) 60 percent or more during the 1-year period beginning on December 20, 2017, and each of the 16 succeeding 1-year periods; and ``(bb) 60 percent of more during the period beginning on December 20, 2034, and ending on September 30, 2035.''; and (ii) in subparagraph (C)-- (I) in the table, by striking ``16 succeeding 1-year periods'' and inserting ``27 succeeding 1-year periods and the period beginning on December 20, 2034, and ending on September 30, 2035''; and (II) in the matter following the table, by striking ``December 19, 2025'' and inserting ``September 30, 2035''; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii), by striking ``16 succeeding 1-year periods'' and inserting ``26 succeeding 1-year periods''; and (ii) in subparagraph (B)(iii), by striking ``16 succeeding 1-year periods'' and inserting ``26 succeeding 1-year periods''; and (2) in subsection (h), by striking ``2025'' and inserting ``2035''. <all>

To extend duty-free treatment provided with respect to imports from Haiti under the Caribbean Basin Economic Recovery Act.

To extend duty-free treatment provided with respect to imports from Haiti under the Caribbean Basin Economic Recovery Act.

Official Titles - House of Representatives Official Title as Introduced To extend duty-free treatment provided with respect to imports from Haiti under the Caribbean Basin Economic Recovery Act.

Rep. Wenstrup, Brad R.

R

OH

This bill extends through FY2035 the special duty-free rules for Haiti. It also extends through FY2035 the duty-free treatment provided for apparel articles assembled in Haiti and imported from Haiti or the Dominican Republic.

To extend duty-free treatment provided with respect to imports from Haiti under the Caribbean Basin Economic Recovery Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF SPECIAL RULES FOR HAITI UNDER CARIBBEAN BASIN ECONOMIC RECOVERY ACT. Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B)(v)(I) to read as follows: ``(I) Applicable percentage.--The term `applicable percentage' means-- ``(aa) 60 percent or more during the 1-year period beginning on December 20, 2017, and each of the 16 succeeding 1-year periods; and ``(bb) 60 percent of more during the period beginning on December 20, 2034, and ending on September 30, 2035.''; and (ii) in subparagraph (C)-- (I) in the table, by striking ``16 succeeding 1-year periods'' and inserting ``27 succeeding 1-year periods and the period beginning on December 20, 2034, and ending on September 30, 2035''; and (II) in the matter following the table, by striking ``December 19, 2025'' and inserting ``September 30, 2035''; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii), by striking ``16 succeeding 1-year periods'' and inserting ``26 succeeding 1-year periods''; and (ii) in subparagraph (B)(iii), by striking ``16 succeeding 1-year periods'' and inserting ``26 succeeding 1-year periods''; and (2) in subsection (h), by striking ``2025'' and inserting ``2035''. <all>

S.474

Foreign Trade and International Finance

This bill prohibits the Export-Import Bank from providing financing to a person with seriously delinquent tax debt or for a project in which any participant has seriously delinquent tax debt.

To prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON FINANCING BY EXPORT-IMPORT BANK OF THE UNITED STATES FOR PERSONS WITH SERIOUSLY DELINQUENT TAX DEBT. Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(m) Prohibition on Financing for Persons With Seriously Delinquent Tax Debt.-- ``(1) In general.--The Bank may not provide financing to any person with seriously delinquent tax debt or for any project if any person participating in the project has seriously delinquent tax debt. ``(2) Determinations of debt.--For purposes of paragraph (1), the Bank shall determine if a person has seriously delinquent tax debt-- ``(A) using information available through the System for Award Management website and data-analytical approaches; and ``(B) in consultation with the Commissioner of Internal Revenue. ``(3) Waiver.--The President of the United States may waive the prohibition under paragraph (1) with respect to a person if the President-- ``(A) determines that there are urgent and compelling circumstances significantly affecting the interests of the United States that require the financing to be provided; and ``(B) not later than 30 days after making that determination, submits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes the rationale for the determination and relevant information supporting the determination. ``(4) Seriously delinquent tax debt defined.--In this subsection, the term `seriously delinquent tax debt'-- ``(A) means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court; and ``(B) does not include-- ``(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and ``(iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code.''. <all>

A bill to prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt.

A bill to prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt.

Official Titles - Senate Official Title as Introduced A bill to prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt.

Sen. Braun, Mike

R

IN

This bill prohibits the Export-Import Bank from providing financing to a person with seriously delinquent tax debt or for a project in which any participant has seriously delinquent tax debt.

To prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON FINANCING BY EXPORT-IMPORT BANK OF THE UNITED STATES FOR PERSONS WITH SERIOUSLY DELINQUENT TAX DEBT. Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(m) Prohibition on Financing for Persons With Seriously Delinquent Tax Debt.-- ``(1) In general.--The Bank may not provide financing to any person with seriously delinquent tax debt or for any project if any person participating in the project has seriously delinquent tax debt. ``(2) Determinations of debt.--For purposes of paragraph (1), the Bank shall determine if a person has seriously delinquent tax debt-- ``(A) using information available through the System for Award Management website and data-analytical approaches; and ``(B) in consultation with the Commissioner of Internal Revenue. ``(3) Waiver.--The President of the United States may waive the prohibition under paragraph (1) with respect to a person if the President-- ``(A) determines that there are urgent and compelling circumstances significantly affecting the interests of the United States that require the financing to be provided; and ``(B) not later than 30 days after making that determination, submits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes the rationale for the determination and relevant information supporting the determination. ``(4) Seriously delinquent tax debt defined.--In this subsection, the term `seriously delinquent tax debt'-- ``(A) means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court; and ``(B) does not include-- ``(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and ``(iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code.''. <all>

S.2545

International Affairs

Young African Leaders Initiative Act of 2021 or the YALI Act of 2021 This bill provides statutory authority for the Young African Leaders Initiative (YALI), which must seek to build the capacity of young African leaders in sub-Saharan Africa in the areas of business, civic engagement, or public administration. The YALI program must award Mandela Washington Fellowships to young leaders and offer training through regional leadership centers in sub-Saharan Africa to individuals who have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership. The Department of State must oversee all U.S.-based activities carried out under the program, and the United States should continue to support overseas initiatives of the program (e.g., access to continued professional training and leadership development opportunities for fellowship alumni upon returning to their home countries). The State Department must also submit an implementation plan for the program and annual reports on the program's progress.

To establish a comprehensive United States Government initiative to build the capacity of young leaders and entrepreneurs in Africa, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Young African Leaders Initiative Act of 2021'' or the ``YALI Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Young African Leaders Initiative, launched in 2010, is a signature effort to invest in the next generation of African leaders; (2) Africa is a continent of strategic importance and it is vital for the United States to support strong and enduring partnerships with the next generation of African leaders; and (3) the United States Government should prioritize investments to build the capacity of emerging young African leaders in sub-Saharan Africa, including through efforts to enhance leadership skills, encourage entrepreneurship, strengthen public administration and the role of civil society, and connect young African leaders continentally and globally across the private, civic, and public sectors. SEC. 3. YOUNG AFRICAN LEADERS INITIATIVE PROGRAM. (a) In General.--There is established in the Department of State the Young African Leaders Initiative Program (referred to in this Act as the ``YALI Program''). (b) Purpose.--The YALI Program shall seek to build the capacity of young African leaders in sub-Saharan Africa in the areas of business, civic engagement, or public administration, including through efforts-- (1) to support young African leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, and public administration; and (2) to provide increased economic and technical assistance to young African leaders to promote economic growth and strengthen ties between United States and African businesses. (c) Fellowships.--The YALI Program shall award fellowships through the Mandela Washington Fellowship for Young African Leaders Program to young African leaders who-- (1) are between 18 and 35 years of age; (2) have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership; and (3) have had a positive impact in their communities, organizations, or institutions. (d) Regional Leadership Centers.--The YALI Program shall seek to establish regional leadership centers in sub-Saharan Africa to offer training to young African leaders who-- (1) are between 18 and 35 years of age; (2) have demonstrated strong capabilities in entrepreneurship, innovation, public service and leadership; and (3) have had a positive impact in their communities, organizations, or institutions. (e) Activities.-- (1) United states-based activities.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall oversee all United States-based activities carried out under the YALI Program, including the participation of Mandela Washington fellows in-- (A) a 6-week leadership institute at a United States university or college in business, civic engagement, or public management, including academic sessions, site visits, professional networking opportunities, leadership training, community service, and organized cultural activities; and (B) an annual Mandela Washington Fellowship Summit to provide such fellows the opportunity to meet with United States leaders from the private, public, and nonprofit sectors. (2) Africa-based activities.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, should continue to support existing Young African Leaders Initiative programs in sub- Saharan Africa, including-- (A) access to continued leadership training and other professional development opportunities for Mandela Washington Fellowship for Young African Leaders alumni upon their return to their home countries, including online courses, technical assistance, and access to funding; (B) training for young African leaders at regional leadership centers established in accordance with subsection (d), and through online and in-person courses offered by such centers; and (C) opportunities for networking and engagement with-- (i) other alumni of the Mandela Washington Fellowship for Young African Leaders; (ii) alumni of programs at regional leadership centers established in accordance with subsection (d); and (iii) United States and like-minded diplomatic missions, business leaders, and others, as appropriate. (3) Implementation.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall seek to partner with the private sector to pursue public-private partnerships, leverage private sector expertise, expand networking opportunities, and identify funding opportunities and fellowship and employment opportunities for participants in the YALI Program. (f) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit a plan to the appropriate congressional committees for implementing the YALI Program, which plan shall include-- (1) a description of clearly defined program goals, targets, and planned outcomes for each year and for the duration of implementation of the YALI Program; (2) a strategy to monitor and evaluate the YALI Program and progress made toward achieving such goals, targets, and planned outcomes; and (3) a strategy to ensure that the YALI Program is promoting United States foreign policy goals in Africa, including ensuring that the YALI Program is clearly branded and paired with robust public diplomacy efforts. (g) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees and publish in a publicly accessible, internet-based form, a report that contains-- (1) a description of the progress made toward achieving the goals, targets, and planned outcomes described in subsection (f)(1), including an overview of the implementation of the YALI Program during the previous year and an estimated number of YALI Program beneficiaries during such year; (2) an assessment of how the YALI Program is contributing to and promoting United States-Africa relations, particularly in areas of increased private sector investment, trade promotion, support to civil society, improved public administration, and fostering entrepreneurship and youth empowerment; and (3) recommendations for improvements or changes to the YALI Program and implementation plan, if any, that would improve its effectiveness during subsequent years of implementation of the YALI Program. (h) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (i) Sunset.--The YALI Program shall terminate on the date that is 5 years after the date of the enactment of this Act. <all>

YALI Act of 2021

A bill to establish a comprehensive United States Government initiative to build the capacity of young leaders and entrepreneurs in Africa, and for other purposes.

YALI Act of 2021 Young African Leaders Initiative Act of 2021

Sen. Van Hollen, Chris

D

MD

This bill provides statutory authority for the Young African Leaders Initiative (YALI), which must seek to build the capacity of young African leaders in sub-Saharan Africa in the areas of business, civic engagement, or public administration. The YALI program must award Mandela Washington Fellowships to young leaders and offer training through regional leadership centers in sub-Saharan Africa to individuals who have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership. The Department of State must oversee all U.S.-based activities carried out under the program, and the United States should continue to support overseas initiatives of the program (e.g., access to continued professional training and leadership development opportunities for fellowship alumni upon returning to their home countries). The State Department must also submit an implementation plan for the program and annual reports on the program's progress.

To establish a comprehensive United States Government initiative to build the capacity of young leaders and entrepreneurs in Africa, and for other purposes. SHORT TITLE. 2. SENSE OF CONGRESS. SEC. 3. YOUNG AFRICAN LEADERS INITIATIVE PROGRAM. (d) Regional Leadership Centers.--The YALI Program shall seek to establish regional leadership centers in sub-Saharan Africa to offer training to young African leaders who-- (1) are between 18 and 35 years of age; (2) have demonstrated strong capabilities in entrepreneurship, innovation, public service and leadership; and (3) have had a positive impact in their communities, organizations, or institutions. (e) Activities.-- (1) United states-based activities.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall oversee all United States-based activities carried out under the YALI Program, including the participation of Mandela Washington fellows in-- (A) a 6-week leadership institute at a United States university or college in business, civic engagement, or public management, including academic sessions, site visits, professional networking opportunities, leadership training, community service, and organized cultural activities; and (B) an annual Mandela Washington Fellowship Summit to provide such fellows the opportunity to meet with United States leaders from the private, public, and nonprofit sectors. (f) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit a plan to the appropriate congressional committees for implementing the YALI Program, which plan shall include-- (1) a description of clearly defined program goals, targets, and planned outcomes for each year and for the duration of implementation of the YALI Program; (2) a strategy to monitor and evaluate the YALI Program and progress made toward achieving such goals, targets, and planned outcomes; and (3) a strategy to ensure that the YALI Program is promoting United States foreign policy goals in Africa, including ensuring that the YALI Program is clearly branded and paired with robust public diplomacy efforts. (h) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (i) Sunset.--The YALI Program shall terminate on the date that is 5 years after the date of the enactment of this Act.

S.124

Taxation

Abortion Is Not Health Care Act of 2021 This bill prohibits a tax deduction for medical expenses relating to an abortion, with specified exceptions for rape or incest, or to protect the life or health of the mother.

To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Abortion Is Not Health Care Act of 2021''. SEC. 2. AMOUNTS PAID FOR ABORTION NOT TAKEN INTO ACCOUNT IN DETERMINING DEDUCTION FOR MEDICAL EXPENSES. (a) In General.--Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Amounts Paid for Abortion Not Taken Into Account.-- ``(1) In general.--An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a). ``(2) Exceptions.--Paragraph (1) shall not apply in the case of an abortion with respect to-- ``(A) a woman suffering from a physical disorder, physical injury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, or ``(B) a pregnancy that is the result of an act of rape or incest.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Abortion Is Not Health Care Act of 2021

A bill to amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses.

Abortion Is Not Health Care Act of 2021

Sen. Lee, Mike

R

UT

This bill prohibits a tax deduction for medical expenses relating to an abortion, with specified exceptions for rape or incest, or to protect the life or health of the mother.

To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Abortion Is Not Health Care Act of 2021''. SEC. 2. AMOUNTS PAID FOR ABORTION NOT TAKEN INTO ACCOUNT IN DETERMINING DEDUCTION FOR MEDICAL EXPENSES. (a) In General.--Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Amounts Paid for Abortion Not Taken Into Account.-- ``(1) In general.--An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a). ``(2) Exceptions.--Paragraph (1) shall not apply in the case of an abortion with respect to-- ``(A) a woman suffering from a physical disorder, physical injury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, or ``(B) a pregnancy that is the result of an act of rape or incest.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

H.R.4406

Health

Supporting Medicaid in the U.S. Territories Act of 2021 This bill extends, increases, and otherwise modifies Medicaid funding for U.S. territories. Specifically, the bill extends (1) the temporarily increased Federal Medical Assistance Percentage (i.e., federal matching rate), and (2) a higher cap on Medicaid funding. Such provisions apply to Puerto Rico through FY2026 and to other territories through FY2029. The bill also requires Puerto Rico to implement an asset verification program and to report on its ability to comply with certain reporting requirements, procurement standards, and other Medicaid program integrity measures.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Medicaid in the U.S. Territories Act of 2021''. SEC. 2. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE AND CAP AMOUNTS FOR TERRITORIES. (a) Federal Medical Assistance Percentage Extension.-- (1) In general.--Section 1905(ff) of the Social Security Act (42 U.S.C. 1396d(ff)) is amended-- (A) in paragraph (2), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (3), by striking ``2021'' and inserting ``2029''. (2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. (b) Cap Amount Extension.-- (1) Puerto rico.-- (A) Ensuring increased cap amount in response to covid-19.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (i) in paragraph (2)(A)(ii), by striking ``2021'' and inserting ``2026''; and (ii) in paragraph (6)-- (I) in the header, by striking ``2021'' and inserting ``2026''; (II) in subparagraph (A)-- (aa) in clause (i), by striking ``and'' at the end; and (bb) in clause (ii)-- (AA) by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''; and (BB) by striking the period and inserting ``; and''; and (III) in subparagraph (B)-- (aa) in clause (i), by striking ``2021'' and inserting ``2026''; and (bb) in clause (ii)(II), by striking ``2021'' and inserting ``2026''. (B) Extension of cap amount for other years.-- Section 1108(g)(6)(A) of the Social Security Act (42 U.S.C. 1308(g)), as amended by subparagraph (A), is further amended by adding at the end the following new clause: ``(iii) for each of fiscal years 2023 through 2026, $2,719,072,000.''. (2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. (B) Extension of cap amounts for other years.-- Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended-- (i) in subparagraph (B)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $126,000,000;''; (ii) in subparagraph (C)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $127,000,000;''; (iii) in subparagraph (D)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $60,000,000; and''; and (iv) in subparagraph (E)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $84,000,000.''. (3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. (c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024.''; and (B) in paragraph (4)-- (i) in the paragraph heading, by striking ``Exemption of territories'' and inserting ``Exemption of certain territories''; and (ii) by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Puerto Rico''; and (2) in subsection (k)-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (ii) in the matter preceding clause (i), as so redesignated-- (I) by striking ``beginning on or after January 1, 2021''; and (II) by striking ``for a non- compliant State shall be reduced--'' and inserting the following: ``for-- ``(A) a non-compliant State that is one of the 50 States or the District of Columbia shall be reduced-- ''; (iii) in clause (iv), as so redesignated, by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(B) a non-compliant State that is Puerto Rico shall be reduced-- ``(i) for calendar quarters in fiscal years 2025 and 2026, by 0.12 percentage points; ``(ii) for calendar quarters in fiscal year 2027, by 0.25 percentage points; ``(iii) for calendar quarters in fiscal year 2028, by 0.35 percentage points; and ``(iv) for calendar quarters in fiscal year 2029 and each fiscal year thereafter, by 0.5 percentage points.''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the Social Security Act (42 U.S.C. 1308(g)(7)(A)) is amended-- (1) in clause (iii), in the header, by inserting ``reporting'' after ``reform''; and (2) by adding at the end the following new clauses: ``(v) Core set reporting compliance report.--Not later than October 1, 2022, Puerto Rico shall submit to the Chair and Ranking Member of the Committee on Energy and Commerce of the House of Representatives and the Chair and Ranking Member of the Committee on Finance of the Senate a report outlining steps being taken by Puerto Rico to reach compliance with the reporting requirements described in section 1139A(a)(4)(B) and section 1139B(b)(5)(C) and describing what further actions are needed by Puerto Rico in order to comply with such requirements with respect to annual State reports under section 1139A(c) and State reports under section 1139B(d)(1) beginning with fiscal year 2024. ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(II) Duties.--Not later than 60 days after the end of each fiscal quarter (beginning with the first fiscal quarter beginning on or after the date that is 1 year after the date of the enactment of this clause), the officer designated pursuant to subclause (I) shall, with respect to each contract described in clause (iii) with an annual value exceeding $150,000 entered into during such quarter, certify to the Secretary either-- ``(aa) that such contract has met the procurement standards identified under any of sections 75.327, 75.328, and 75.329 of title 45, Code of Federal Regulations (or successor regulations); or ``(bb) that extenuating circumstances (including a lack of multiple entities competing for such contract) prevented the compliance of such contract with such standards. ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''. <all>

Supporting Medicaid in the U.S. Territories Act of 2021

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes.

Supporting Medicaid in the U.S. Territories Act of 2021

Rep. Soto, Darren

D

FL

This bill extends, increases, and otherwise modifies Medicaid funding for U.S. territories. Specifically, the bill extends (1) the temporarily increased Federal Medical Assistance Percentage (i.e., federal matching rate), and (2) a higher cap on Medicaid funding. Such provisions apply to Puerto Rico through FY2026 and to other territories through FY2029. The bill also requires Puerto Rico to implement an asset verification program and to report on its ability to comply with certain reporting requirements, procurement standards, and other Medicaid program integrity measures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. Territories Act of 2021''. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE AND CAP AMOUNTS FOR TERRITORIES. 1308(g)(2)) is amended-- (i) in subparagraph (B)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $126,000,000;''; (ii) in subparagraph (C)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $127,000,000;''; (iii) in subparagraph (D)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $60,000,000; and''; and (iv) in subparagraph (E)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $84,000,000.''. ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the Social Security Act (42 U.S.C. ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

S.4594

Government Operations and Politics

National Regulatory Budget Act of 2022 This bill requires the establishment of a national regulatory budget to limit the costs of federal regulations. It also establishes (1) procedures for enforcing the regulatory budget, (2) the Office of Regulatory Analysis within the executive branch, and (3) a Regulatory Analysis Advisory Board.

To establish a National Regulatory Budget, and for other purposes. Be it enacted by the Senate 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 Regulatory Budget Act of 2022''. SEC. 2. ESTABLISHMENT OF THE OFFICE OF REGULATORY ANALYSIS. (a) In General.--Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: ``CHAPTER 6A--NATIONAL REGULATORY BUDGET AND OFFICE OF REGULATORY ANALYSIS ``Sec. ``613. Definitions. ``614. Office of Regulatory Analysis; establishment; powers. ``615. Functions of Office of Regulatory Analysis; Executive branch agency compliance. ``616. Public disclosure of estimate methodology and data; privacy. ``617. National Regulatory Budget; timeline. ``618. Executive branch agency cooperation mandatory; information sharing. ``619. Enforcement. ``620. Regulatory Analysis Advisory Board. ``Sec. 613. Definitions ``In this chapter-- ``(1) the term `aggregate costs', with respect to a covered Federal rule, means the sum of-- ``(A) the direct costs of the covered Federal rule; and ``(B) the regulatory costs of the covered Federal rule; ``(2) the term `covered Federal rule' means-- ``(A) a rule (as defined in section 551); ``(B) an information collection requirement given a control number by the Office of Management and Budget; or ``(C) guidance or a directive that-- ``(i) is not described in subparagraph (A) or (B); ``(ii)(I) is mandatory in its application to regulated entities; or ``(II) represents a statement of agency position that regulated entities would reasonably construe as reflecting the enforcement or litigation position of the agency; and ``(iii) imposes not less than $25,000,000 in annual costs on regulated entities; ``(3) the term `direct costs' means-- ``(A) expenditures made by an Executive branch agency that relate to the promulgation, administration, or enforcement of a covered Federal rule; or ``(B) costs incurred by an Executive branch agency or any other instrumentality of the Federal Government because of a covered Federal rule; ``(4) the term `Director' means the Director of the Office of Regulatory Analysis established under section 614(b); ``(5) the term `Executive branch agency' has the meaning given the term `agency' in section 551, except that it shall not include an authority of the Government of the United States that is within another agency; ``(6) the term `regulated entity' means-- ``(A) a for-profit private sector entity (including an individual who is in business as a sole proprietor); ``(B) a not-for-profit private sector entity; or ``(C) a State or local government; and ``(7) the term `regulatory costs' means all costs incurred by a regulated entity because of covered Federal rules. ``Sec. 614. Office of Regulatory Analysis; establishment; powers ``(a) Establishment.--There is established in the executive branch an independent establishment to be known as the `Office of Regulatory Analysis'. ``(b) Director.-- ``(1) Establishment of position.--There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Term.-- ``(A) In general.--The term of office of the Director shall-- ``(i) be 4 years; and ``(ii) expire on the last day of February following each Presidential election. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(C) Service until appointment of successor.--An individual serving as Director at the expiration of a term may continue to serve until a successor is appointed. ``(3) Powers.-- ``(A) Appointment of deputy directors, officers, and employees.-- ``(i) In general.--The Director may appoint Deputy Directors, officers, and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53. ``(ii) Term of deputy directors.--A Deputy Director shall serve until the expiration of the term of office of the Director who appointed the Deputy Director (and until a successor to that Director is appointed), unless sooner removed by the Director. ``(B) Contracting.-- ``(i) In general.--The Director may contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Regulatory Analysis in such amounts as may be agreed upon by the Director and the head of the Federal agency providing the services. ``(ii) Subject to appropriations.--Contract authority under clause (i) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Office of Regulatory Analysis for each fiscal year such sums as may be necessary to enable the Office of Regulatory Analysis to carry out its duties and functions. ``Sec. 615. Functions of Office of Regulatory Analysis; Executive branch agency compliance ``(a) Annual Report Required.-- ``(1) In general.--Not later than January 30 of each year, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Small Business of the House of Representatives a Report on National Regulatory Costs (referred to in this section as the `Report') that includes the information specified under paragraph (2). ``(2) Contents.--Each Report shall include- ``(A) an estimate, for the fiscal year during which the Report is submitted and for the preceding fiscal year, of-- ``(i) the regulatory costs imposed by each Executive branch agency on regulated entities; ``(ii) the aggregate costs imposed by each Executive branch agency; ``(iii) the aggregate costs imposed by all Executive branch agencies combined; ``(iv) the direct costs incurred by the Federal Government because of covered Federal rules issued by each Executive branch agency; ``(v) the sum of the costs described in clauses (iii) and (iv); ``(vi) the regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601); and ``(vii) the sum of the costs described in clause (vi); ``(B) an analysis of any major changes in estimation methodology used by the Office of Regulatory Analysis since the previous annual report; ``(C) an analysis of any major estimate changes caused by improved or inadequate data since the previous annual report; ``(D) recommendations, both general and specific, regarding-- ``(i) how regulations may be streamlined, simplified, and modernized; ``(ii) regulations that should be repealed; and ``(iii) how the Federal Government may reduce the costs of regulations without diminishing the effectiveness of regulations; and ``(E) any other information that the Director determines may be of assistance to Congress in determining the National Regulatory Budget required under section 617. ``(b) Regulatory Analysis of New Rules.-- ``(1) Requirement.--The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that-- ``(A) imposes costs on a regulated entity; or ``(B) reduces costs imposed on a regulated entity. ``(2) Contents.--Each regulatory analysis published under paragraph (1) shall include-- ``(A) an estimate of the change in regulatory cost of each proposed covered Federal rule (or proposed withdrawal or modification of a covered Federal rule); and ``(B) any other information or recommendation that the Director may choose to provide. ``(3) Timing of regulatory analysis.-- ``(A) Initial regulatory analysis.--Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. ``(B) Revised regulatory analysis.--The Director may publish a revised regulatory analysis at any time. ``(4) Notice to director of proposed covered federal rule.--The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. ``(c) Effective Dates.-- ``(1) In general.--Except as provided in paragraph (2), a covered Federal rule may not take effect earlier than 75 days after the date on which the head of the Executive branch agency proposing the covered Federal rule submits a copy of the proposed covered Federal rule to the Director in the manner prescribed by the Director under subsection (b)(4). ``(2) Exception.--If the head of the Executive branch agency proposing a covered Federal rule determines that the public health or safety or national security requires that the covered Federal rule be promulgated earlier than the date specified under paragraph (1), the head of the Executive branch agency may promulgate the covered Federal rule without regard to paragraph (1). ``Sec. 616. Public disclosure of estimate methodology and data; privacy ``(a) Privacy.--The Director shall comply with all relevant privacy laws, including-- ``(1) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note); ``(2) section 9 of title 13; and ``(3) section 6103 of the Internal Revenue Code of 1986. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Goal of disclosure.--In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the Report on National Regulatory Costs. ``Sec. 617. National Regulatory Budget; timeline ``(a) Definition.--In this section-- ``(1) the term `annual overall regulatory cost cap' means the maximum amount of regulatory costs that all Executive branch agencies combined may impose in a fiscal year; ``(2) the term `annual agency regulatory cost cap' means the maximum amount of regulatory costs that an Executive branch agency may impose in a fiscal year; and ``(3) the term `National Regulatory Budget' means an Act of Congress that establishes, for a fiscal year-- ``(A) the annual overall regulatory cost cap; and ``(B) an annual agency regulatory cost cap for each Executive branch agency. ``(b) Committee Deadlines.-- ``(1) Referral.--Not later than March 31 of each year-- ``(A) the Committee on Small Business and Entrepreneurship of the Senate shall refer to the Committee on Homeland Security and Governmental Affairs of the Senate a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Small Business of the House of Representatives shall refer to the Committee on Oversight and Reform of the House of Representatives a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(d) Presentment.--Not later than September 15 of each year, Congress shall pass and present to the President a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(e) Default Budget.-- ``(1) In general.--If a National Regulatory Budget is not enacted with respect to a fiscal year, the most recently enacted National Regulatory Budget shall apply to that fiscal year. ``(2) Default initial budget.-- ``(A) Calculation.--If a National Regulatory Budget is not enacted with respect to a fiscal year, and no National Regulatory Budget has previously been enacted-- ``(i) the annual agency regulatory cost cap for an Executive branch agency for the fiscal year shall be equal to the amount of regulatory costs imposed by that Executive branch agency on regulated entities during the preceding fiscal year, as estimated by the Director in the annual report submitted to Congress under section 615(a); and ``(ii) the annual overall regulatory cost cap for the fiscal year shall be equal to the sum of the amounts described in clause (i). ``(B) Effect.--For purposes of section 619, an annual agency regulatory cost cap described in subparagraph (A) that applies to a fiscal year shall have the same effect as if the annual agency regulatory cost cap were part of a National Regulatory Budget applicable to that fiscal year. ``(f) Initial Budget.--The first National Regulatory Budget shall be with respect to fiscal year 2024. ``Sec. 618. Executive branch agency cooperation mandatory; information sharing ``(a) Executive Branch Agency Cooperation Mandatory.--Not later than 45 days after the date on which the Director requests any information from an Executive branch agency, the Executive branch agency shall provide the Director with the information. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(2) Degree of confidentiality or data protection.--An Executive branch agency may not require a greater degree of confidentiality or data protection from the Director in a memorandum of understanding entered into under paragraph (1) than the Executive branch agency itself must adhere to. ``(3) Scope.--A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall-- ``(A) be general in scope; and ``(B) govern all pending and future requests made to the Executive branch agency by the Director. ``(c) Sanctions for Non-Cooperation.-- ``(1) In general.--The appropriations of an Executive branch agency for a fiscal year shall be reduced by one-half of 1 percent if, during that fiscal year, the Director finds that-- ``(A) the Executive branch agency has failed to timely provide information that the Director requested under subsection (a); ``(B) the Director has provided notice of the failure described in subparagraph (A) to the Executive branch agency; ``(C) the Executive branch agency has failed to cure the failure described in subparagraph (A) within 30 days of being notified under subparagraph (B); and ``(D) the information that the Director requested under subsection (a)-- ``(i) is in the possession of the Executive branch agency; or ``(ii) may reasonably be developed by the Executive branch agency. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(3) Appeals.-- ``(A) In general.--The Director of the Office of Management and Budget may reduce the amount of, or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director of the Office of Management and Budget finds that-- ``(i) the sanction is unwarranted; ``(ii) the sanction is disproportionate to the gravity of the failure; ``(iii) the failure has been cured; or ``(iv) providing the requested information would adversely affect national security. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). ``(d) National Security.--The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. ``Sec. 619. Enforcement ``(a) Exceeding Annual Agency Regulatory Cost Cap.--An Executive branch agency that exceeds the annual agency regulatory cost cap imposed by the National Regulatory Budget for a fiscal year may not promulgate a new covered Federal rule that increases regulatory costs until the Executive branch agency no longer exceeds the annual agency regulatory cost cap imposed by the applicable National Regulatory Budget. ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(2) Timing.--The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). ``(c) Effect of Violation of This Section.-- ``(1) No force or effect.--A covered Federal rule that is promulgated in violation of this section shall have no force or effect. ``(2) Judicial enforcement.--Any party may bring an action in a district court of the United States to declare that a covered Federal rule has no force or effect because the covered Federal rule was promulgated in violation of this section. ``Sec. 620. Regulatory Analysis Advisory Board ``(a) Establishment of Board.--In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall-- ``(1) establish a Regulatory Analysis Advisory Board; and ``(2) appoint not fewer than 9 and not more than 15 individuals as members of the Regulatory Analysis Advisory Board. ``(b) Qualifications.--The Director shall appoint individuals with technical and practical expertise in economics, law, accounting, science, management, and other areas that will aid the Director in preparing the annual Report on National Regulatory Costs required under section 615.''. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: ``6A. National Regulatory Budget and Office of Regulatory 613''. Analysis. (2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. SEC. 3. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON REGULATORY ANALYSIS. (a) Definition.--In this section, the term ``Director'' means the Director of the Office of Regulatory Analysis established under section 614(b) of title 5, United States Code, as added by section 2. (b) Report on Duplicative Personnel.--Not later than December 31, 2022, the Director shall submit to Congress a report determining positions in the Federal Government that are-- (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 614 of title 5, United States Code, as added by section 2; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. (c) Report on Regulatory Analysis.-- (1) Report required.--Not later than June 30, 2023, the Director shall submit to Congress a report analyzing the practice of Federal regulatory analysis with respect to, and the effectiveness of-- (A) chapter 6 of title 5, United States Code (commonly known as the ``Regulatory Flexibility Act''); (B) the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note); (C) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''); (D) each Executive order that mandates economic analysis of Federal regulations; and (E) Office of Management and Budget circulars, directives, and memoranda that mandate economic analysis of Federal regulations. (2) Recommendations.--The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. SEC. 4. ADMINISTRATIVE PROCEDURE. (a) Definition of ``Rule''.--Section 551(4) of title 5, United States Code, is amended by inserting after ``requirements of an agency'' the following: ``, whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance,''. (b) Notice of Proposed Rulemaking.--Section 553(b) of title 5, United States Code, is amended, following the flush text, in subparagraph (A) by striking ``interpretative rules, general statements of policy, or''. <all>

National Regulatory Budget Act of 2022

A bill to establish a National Regulatory Budget, and for other purposes.

National Regulatory Budget Act of 2022

Sen. Marshall, Roger

R

KS

This bill requires the establishment of a national regulatory budget to limit the costs of federal regulations. It also establishes (1) procedures for enforcing the regulatory budget, (2) the Office of Regulatory Analysis within the executive branch, and (3) a Regulatory Analysis Advisory Board.

SHORT TITLE. 2. Definitions. ``614. Public disclosure of estimate methodology and data; privacy. ``617. Executive branch agency cooperation mandatory; information sharing. ``619. Enforcement. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(d) National Security.--The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(c) Effect of Violation of This Section.-- ``(1) No force or effect.--A covered Federal rule that is promulgated in violation of this section shall have no force or effect. Regulatory Analysis Advisory Board ``(a) Establishment of Board.--In accordance with the Federal Advisory Committee Act (5 U.S.C. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: ``6A. National Regulatory Budget and Office of Regulatory 613''. Analysis. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON REGULATORY ANALYSIS. SEC. 4.