Unnamed: 0
int64 1
11.4k
| index
int64 1
15.2k
| id
stringlengths 3
11
| policy_areas
stringclasses 32
values | cur_summary
stringlengths 93
2.1k
| cur_text
stringlengths 1.98k
21.4k
| title
stringlengths 5
649
| titles_official
stringlengths 25
933
| titles_short
stringlengths 9
703
| sponsor_name
stringclasses 536
values | sponsor_party
stringclasses 3
values | sponsor_state
stringclasses 56
values | cleaned_summary
stringlengths 52
2.03k
| extracted_text
stringlengths 0
4.06k
| extracted_text_375
stringlengths 0
3.39k
| extracted_text_750
stringlengths 0
6.54k
| extracted_text_1000
stringlengths 555
8.23k
| bertsum_extracted_250
stringlengths 113
5.67k
| bertsum_extracted_375
stringlengths 103
4.09k
| bertsum_extracted_375_1000
stringlengths 103
4.09k
| bertsum_extracted_250_1000
stringlengths 113
5.67k
| bertsum_extracted_375_750
stringlengths 103
4.09k
| bertsum_extracted_250_750
stringlengths 113
4.89k
| bertsum_extracted_375_500
stringlengths 103
3.55k
| bertsum_extracted_250_500
stringlengths 113
3.32k
| bertsum_extracted_375_375
stringlengths 103
2.64k
| bertsum_extracted_250_375
stringlengths 113
2.58k
| text_len
int64 321
1.65k
|
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
404 | 4,741 | S.4403 | Education | USA Civics Act of 2022
This bill reauthorizes through FY2027 and revises the American History for Freedom grant program.
The bill renames the program as the American Civics and History Education Program.
The bill authorizes the Department of Education to award grants to institutions of higher education (IHEs) at least once every three years to establish or strengthen academic programs to promote American political thought and history and the history, achievements, and impact of American representative democracy and constitutional democracies globally. Currently, these grants are awarded to IHEs for three years and are focused on traditional American history and the history and achievements of Western civilization.
IHEs may use grants to support additional activities, such as collaborating with federal or state humanities programs and using open educational resources. | To amend the Higher Education Act of 1965 to provide for a civics and
history education program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USA Civics Act of 2022''.
SEC. 2. USA CIVICS ACT.
Section 805 of the Higher Education Act of 1965 (20 U.S.C. 1161e)
is amended--
(1) in the section heading, by striking ``history for
freedom'' and inserting ``civics and history education
program'';
(2) in subsection (a)--
(A) by striking ``subsection (f)'' and inserting
``subsection (g)'';
(B) by striking ``the Secretary is authorized to
award three-year grants, on a competitive basis,'' and
inserting ``the Secretary is authorized to award
grants, at the Secretary's discretion but not less
frequently than once every 3 years and on a competitive
basis,'';
(C) by striking paragraph (1) and inserting the
following:
``(1) American political thought and history;''; and
(D) by striking paragraph (3) and inserting the
following:
``(3) the history, achievements, and impact of American
representative democracy and constitutional democracies
globally.'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``as defined in
section 101.'' and inserting ``, or a partnership that
includes an institution of higher education and one or
more nonprofit organizations, whose missions and
demonstrated expertise are consistent with the purpose
of this section.'';
(B) in paragraph (2), by striking ``that emerged''
and all that follows through the period at the end and
inserting ``founded on the principles of representative
democracy, constitutional government, individual
rights, market economics, religious freedom and
religious tolerance, and freedom of thought and
inquiry.''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) American political thought and history.--The term
`American political thought and history' means--
``(A) the significant constitutional, political,
intellectual, economic, social, and foreign policy
trends and issues that have shaped the course of
American history; and
``(B) the key episodes, turning points, texts, and
figures involved in the constitutional, political,
intellectual, diplomatic, social, and economic history
of the United States.'';
(4) in subsection (c)(2)--
(A) in subparagraph (A), by striking
``traditional'' and all that follows through the
semicolon and inserting ``American political thought
and history, free institutions, or the impact of
American representative democracy and constitutional
democracies globally;''; and
(B) in subparagraph (B), by inserting ``, which may
include the creation or use of open educational
resources'' after ``subsection (e)(1)(B)'';
(5) in subsection (d)--
(A) by striking paragraph (1) and inserting the
following:
``(1) increase access to quality programming that expands
knowledge of American political thought and history, free
institutions, or the impact of American representative
democracy and constitutional democracies globally;''; and
(B) in paragraph (2), by striking ``traditional
American history, free institutions, or Western
civilization'' and inserting ``American political
thought and history, free institutions, the impact of
American representative democracy and constitutional
democracies globally, or the means of participation in
political and civic life.'';
(6) by striking subsection (e) and inserting the following:
``(e) Use of Funds.--
``(1) Required use of funds.--Funds provided under this
section shall be used--
``(A) for collaboration with local educational
agencies for the purpose of providing elementary school
and secondary school teachers an opportunity to enhance
their knowledge of American political thought and
history, free institutions, or the impact of American
representative democracy and constitutional democracies
globally; and
``(B) to carry out one or more of the following:
``(i) Establishing or strengthening
academic programs or centers focused on
American political thought and history, free
institutions, or the impact of American
representative democracy and constitutional
democracies globally, which may include--
``(I) design and implementation of
programs of study, courses, lecture
series, seminars, and symposia;
``(II) development, publication,
and dissemination of instructional
materials;
``(III) research;
``(IV) support for faculty teaching
in undergraduate and, if applicable,
graduate programs; or
``(V) support for graduate and
postgraduate fellowships, if
applicable.
``(ii) For teacher preparation initiatives
that stress content mastery regarding American
political thought and history, free
institutions, or the impact of American
representative democracy and constitutional
democracies globally.
``(iii) To conduct outreach activities to
ensure that information about the activities
funded under this section is widely
disseminated--
``(I) to undergraduate students
(including students enrolled in teacher
education programs, if applicable);
``(II) to graduate students
(including students enrolled in teacher
education programs, if applicable);
``(III) to faculty;
``(IV) to local educational
agencies; and
``(V) within the local community.
``(2) Allowable uses of funds.--Funds provided under this
section may be used to support--
``(A) collaboration with entities such as--
``(i) nonprofit organizations whose
missions and demonstrated expertise are
consistent with the purpose of this section,
for assistance in carrying out activities
described under subsection (a); and
``(ii) Federal or State humanities
programs, which may include those funded by the
National Endowment for the Humanities; and
``(B) the creation and use of open educational
resources on American political thought and history,
free institutions, or the impact of American
representative democracy and constitutional democracies
globally.'';
(7) by redesignating subsection (f) as subsection (g);
(8) in subsection (g), as redesignated by paragraph (7), by
striking ``2009'' and inserting ``2022''; and
(9) by inserting after subsection (e) the following:
``(f) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to prescribe an American political
thought and history curriculum.''.
<all> | USA Civics Act of 2022 | A bill to amend the Higher Education Act of 1965 to provide for a civics and history education program. | USA Civics Act of 2022 | Sen. Cornyn, John | R | TX | This bill reauthorizes through FY2027 and revises the American History for Freedom grant program. The bill renames the program as the American Civics and History Education Program. The bill authorizes the Department of Education to award grants to institutions of higher education (IHEs) at least once every three years to establish or strengthen academic programs to promote American political thought and history and the history, achievements, and impact of American representative democracy and constitutional democracies globally. Currently, these grants are awarded to IHEs for three years and are focused on traditional American history and the history and achievements of Western civilization. IHEs may use grants to support additional activities, such as collaborating with federal or state humanities programs and using open educational resources. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``USA Civics Act of 2022''. SEC. 1161e) is amended-- (1) in the section heading, by striking ``history for freedom'' and inserting ``civics and history education program''; (2) in subsection (a)-- (A) by striking ``subsection (f)'' and inserting ``subsection (g)''; (B) by striking ``the Secretary is authorized to award three-year grants, on a competitive basis,'' and inserting ``the Secretary is authorized to award grants, at the Secretary's discretion but not less frequently than once every 3 years and on a competitive basis,''; (C) by striking paragraph (1) and inserting the following: ``(1) American political thought and history;''; and (D) by striking paragraph (3) and inserting the following: ``(3) the history, achievements, and impact of American representative democracy and constitutional democracies globally. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (4) in subsection (c)(2)-- (A) in subparagraph (A), by striking ``traditional'' and all that follows through the semicolon and inserting ``American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in subparagraph (B), by inserting ``, which may include the creation or use of open educational resources'' after ``subsection (e)(1)(B)''; (5) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) increase access to quality programming that expands knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in paragraph (2), by striking ``traditional American history, free institutions, or Western civilization'' and inserting ``American political thought and history, free institutions, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. 1161e) is amended-- (1) in the section heading, by striking ``history for freedom'' and inserting ``civics and history education program''; (2) in subsection (a)-- (A) by striking ``subsection (f)'' and inserting ``subsection (g)''; (B) by striking ``the Secretary is authorized to award three-year grants, on a competitive basis,'' and inserting ``the Secretary is authorized to award grants, at the Secretary's discretion but not less frequently than once every 3 years and on a competitive basis,''; (C) by striking paragraph (1) and inserting the following: ``(1) American political thought and history;''; and (D) by striking paragraph (3) and inserting the following: ``(3) the history, achievements, and impact of American representative democracy and constitutional democracies globally. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (4) in subsection (c)(2)-- (A) in subparagraph (A), by striking ``traditional'' and all that follows through the semicolon and inserting ``American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in subparagraph (B), by inserting ``, which may include the creation or use of open educational resources'' after ``subsection (e)(1)(B)''; (5) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) increase access to quality programming that expands knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in paragraph (2), by striking ``traditional American history, free institutions, or Western civilization'' and inserting ``American political thought and history, free institutions, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``USA Civics Act of 2022''. SEC. Section 805 of the Higher Education Act of 1965 (20 U.S.C. 1161e) is amended-- (1) in the section heading, by striking ``history for freedom'' and inserting ``civics and history education program''; (2) in subsection (a)-- (A) by striking ``subsection (f)'' and inserting ``subsection (g)''; (B) by striking ``the Secretary is authorized to award three-year grants, on a competitive basis,'' and inserting ``the Secretary is authorized to award grants, at the Secretary's discretion but not less frequently than once every 3 years and on a competitive basis,''; (C) by striking paragraph (1) and inserting the following: ``(1) American political thought and history;''; and (D) by striking paragraph (3) and inserting the following: ``(3) the history, achievements, and impact of American representative democracy and constitutional democracies globally. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States. ''; (4) in subsection (c)(2)-- (A) in subparagraph (A), by striking ``traditional'' and all that follows through the semicolon and inserting ``American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in subparagraph (B), by inserting ``, which may include the creation or use of open educational resources'' after ``subsection (e)(1)(B)''; (5) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) increase access to quality programming that expands knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in paragraph (2), by striking ``traditional American history, free institutions, or Western civilization'' and inserting ``American political thought and history, free institutions, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life. ''; (6) by striking subsection (e) and inserting the following: ``(e) Use of Funds.-- ``(1) Required use of funds.--Funds provided under this section shall be used-- ``(A) for collaboration with local educational agencies for the purpose of providing elementary school and secondary school teachers an opportunity to enhance their knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally; and ``(B) to carry out one or more of the following: ``(i) Establishing or strengthening academic programs or centers focused on American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally, which may include-- ``(I) design and implementation of programs of study, courses, lecture series, seminars, and symposia; ``(II) development, publication, and dissemination of instructional materials; ``(III) research; ``(IV) support for faculty teaching in undergraduate and, if applicable, graduate programs; or ``(V) support for graduate and postgraduate fellowships, if applicable. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. ''; (7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``USA Civics Act of 2022''. SEC. 2. USA CIVICS ACT. Section 805 of the Higher Education Act of 1965 (20 U.S.C. 1161e) is amended-- (1) in the section heading, by striking ``history for freedom'' and inserting ``civics and history education program''; (2) in subsection (a)-- (A) by striking ``subsection (f)'' and inserting ``subsection (g)''; (B) by striking ``the Secretary is authorized to award three-year grants, on a competitive basis,'' and inserting ``the Secretary is authorized to award grants, at the Secretary's discretion but not less frequently than once every 3 years and on a competitive basis,''; (C) by striking paragraph (1) and inserting the following: ``(1) American political thought and history;''; and (D) by striking paragraph (3) and inserting the following: ``(3) the history, achievements, and impact of American representative democracy and constitutional democracies globally.''; (3) in subsection (b)-- (A) in paragraph (1), by striking ``as defined in section 101.'' and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section.''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry.''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States.''; (4) in subsection (c)(2)-- (A) in subparagraph (A), by striking ``traditional'' and all that follows through the semicolon and inserting ``American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in subparagraph (B), by inserting ``, which may include the creation or use of open educational resources'' after ``subsection (e)(1)(B)''; (5) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) increase access to quality programming that expands knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in paragraph (2), by striking ``traditional American history, free institutions, or Western civilization'' and inserting ``American political thought and history, free institutions, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life.''; (6) by striking subsection (e) and inserting the following: ``(e) Use of Funds.-- ``(1) Required use of funds.--Funds provided under this section shall be used-- ``(A) for collaboration with local educational agencies for the purpose of providing elementary school and secondary school teachers an opportunity to enhance their knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally; and ``(B) to carry out one or more of the following: ``(i) Establishing or strengthening academic programs or centers focused on American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally, which may include-- ``(I) design and implementation of programs of study, courses, lecture series, seminars, and symposia; ``(II) development, publication, and dissemination of instructional materials; ``(III) research; ``(IV) support for faculty teaching in undergraduate and, if applicable, graduate programs; or ``(V) support for graduate and postgraduate fellowships, if applicable. ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. ``(2) Allowable uses of funds.--Funds provided under this section may be used to support-- ``(A) collaboration with entities such as-- ``(i) nonprofit organizations whose missions and demonstrated expertise are consistent with the purpose of this section, for assistance in carrying out activities described under subsection (a); and ``(ii) Federal or State humanities programs, which may include those funded by the National Endowment for the Humanities; and ``(B) the creation and use of open educational resources on American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally.''; (7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. <all> | To amend the Higher Education Act of 1965 to provide for a civics and history education program. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States. ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States. ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States. ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States. ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | To amend the Higher Education Act of 1965 to provide for a civics and history education program. and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section. ''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. ''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States. ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. | 890 |
405 | 13,510 | H.R.96 | Public Lands and Natural Resources | COVID-19 National Memorial Act
This bill provides for the establishment of a memorial at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped the nation to recover from the COVID-19 pandemic.
The bill also establishes the COVID-19 National Memorial Commission to (1) submit to the Department of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial; (2) advise Interior on the boundaries of the memorial site; (3) advise Interior in the development of a management plan for the memorial site; and (4) provide significant opportunities for public participation in the planning and design of the memorial. | To authorize a national memorial to commemorate those whose lives were
lost to COVID-19 and those who helped the country to recover, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 National Memorial Act''.
SEC. 2. MEMORIAL.
There is established a memorial located at a designated location in
the Bronx, New York, to honor the lives lost and the heroes who helped.
SEC. 3. ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``COVID-19 National Memorial Commission'' (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 15 members,
including the Director of the National Park Service, or the Director's
designee, and 14 members appointed by the Secretary.
(c) Term.--The term of the members of the Commission shall be for
the life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. Notice of the Commission meetings and agendas for the
meetings shall be published in local newspapers in the vicinity of
Somerset County and in the Federal Register. Meetings of the Commission
shall be subject to section 552b of title 5, United States Code
(relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The duties of the Commission shall be to--
(1) not later than 3 years after the date of the enactment
of this Act, submit to the Secretary and Congress a report
containing recommendations for the planning, design,
construction, and long-term management of a permanent memorial;
(2) advise the Secretary on the boundaries of the memorial
site;
(3) advise the Secretary in the development of a management
plan for the memorial site;
(4) consult and coordinate closely with the State of New
York, New York City, the Bronx Borough, and other interested
parties; and
(5) provide significant opportunities for public
participation in the planning and design of the memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for
the purpose of carrying out this Act as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
(2) subject to approval by the Secretary, solicit and
accept donations of funds and gifts, personal property,
supplies, or services from individuals, foundations,
corporations, and other private or public entities to be used
in connection with the construction or other expenses of the
memorial;
(3) hold hearings, enter into contracts for personal
services and otherwise;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate
such of its duties as it determines appropriate to employees of
the National Park Service.
(k) Termination.--The Commission shall terminate upon dedication of
the completed memorial.
SEC. 4. DUTIES OF THE SECRETARY.
The Secretary is authorized to--
(1) provide assistance to the Commission, including advice
on collections, storage, and archives;
(2) consult and assist the Commission in providing
information, interpretation, and the conduct of oral history
interviews;
(3) provide assistance in conducting public meetings and
forums held by the Commission;
(4) provide project management assistance to the Commission
for planning, design, and construction activities;
(5) provide programming and design assistance to the
Commission for possible memorial exhibits, collections, or
activities;
(6) provide staff assistance and support to the Commission;
(7) participate in the formulation of plans for the design
of the memorial, to accept funds raised by the Commission for
construction of the memorial, and to construct the memorial;
(8) acquire from willing sellers the land or interests in
land for the memorial site by donation, purchase with donated
or appropriated funds, or exchange; and
(9) to administer the memorial as a unit of the National
Park System in accordance with this Act and with the laws
generally applicable to units of the National Park System.
<all> | COVID–19 National Memorial Act | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. | COVID–19 National Memorial Act | Rep. Espaillat, Adriano | D | NY | This bill provides for the establishment of a memorial at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped the nation to recover from the COVID-19 pandemic. The bill also establishes the COVID-19 National Memorial Commission to (1) submit to the Department of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial; (2) advise Interior on the boundaries of the memorial site; (3) advise Interior in the development of a management plan for the memorial site; and (4) provide significant opportunities for public participation in the planning and design of the memorial. | 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 ``COVID-19 National Memorial Act''. 2. MEMORIAL. There is established a memorial located at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped. 3. ADVISORY COMMISSION. (c) Term.--The term of the members of the Commission shall be for the life of the Commission. (d) Chair.--The members of the Commission shall select the Chair of the Commission. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (j) Powers.--The Commission may-- (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) subject to approval by the Secretary, solicit and accept donations of funds and gifts, personal property, supplies, or services from individuals, foundations, corporations, and other private or public entities to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service. SEC. 4. DUTIES OF THE SECRETARY. The Secretary is authorized to-- (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) provide project management assistance to the Commission for planning, design, and construction activities; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide staff assistance and support to the Commission; (7) participate in the formulation of plans for the design of the memorial, to accept funds raised by the Commission for construction of the memorial, and to construct the memorial; (8) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (9) to administer the memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. | This Act may be cited as the ``COVID-19 National Memorial Act''. 2. MEMORIAL. There is established a memorial located at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped. 3. ADVISORY COMMISSION. (c) Term.--The term of the members of the Commission shall be for the life of the Commission. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. SEC. 4. DUTIES OF THE SECRETARY. The Secretary is authorized to-- (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) provide project management assistance to the Commission for planning, design, and construction activities; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide staff assistance and support to the Commission; (7) participate in the formulation of plans for the design of the memorial, to accept funds raised by the Commission for construction of the memorial, and to construct the memorial; (8) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (9) to administer the memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 National Memorial Act''. 2. MEMORIAL. There is established a memorial located at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped. 3. ADVISORY COMMISSION. (b) Membership.--The Commission shall consist of 15 members, including the Director of the National Park Service, or the Director's designee, and 14 members appointed by the Secretary. (c) Term.--The term of the members of the Commission shall be for the life of the Commission. (d) Chair.--The members of the Commission shall select the Chair of the Commission. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (i) Duties.--The duties of the Commission shall be to-- (1) not later than 3 years after the date of the enactment of this Act, submit to the Secretary and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial; (2) advise the Secretary on the boundaries of the memorial site; (3) advise the Secretary in the development of a management plan for the memorial site; (4) consult and coordinate closely with the State of New York, New York City, the Bronx Borough, and other interested parties; and (5) provide significant opportunities for public participation in the planning and design of the memorial. (j) Powers.--The Commission may-- (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) subject to approval by the Secretary, solicit and accept donations of funds and gifts, personal property, supplies, or services from individuals, foundations, corporations, and other private or public entities to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service. (k) Termination.--The Commission shall terminate upon dedication of the completed memorial. SEC. 4. DUTIES OF THE SECRETARY. The Secretary is authorized to-- (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) provide project management assistance to the Commission for planning, design, and construction activities; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide staff assistance and support to the Commission; (7) participate in the formulation of plans for the design of the memorial, to accept funds raised by the Commission for construction of the memorial, and to construct the memorial; (8) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (9) to administer the memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 National Memorial Act''. SEC. 2. MEMORIAL. There is established a memorial located at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped. SEC. 3. ADVISORY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``COVID-19 National Memorial Commission'' (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 15 members, including the Director of the National Park Service, or the Director's designee, and 14 members appointed by the Secretary. (c) Term.--The term of the members of the Commission shall be for the life of the Commission. (d) Chair.--The members of the Commission shall select the Chair of the Commission. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (i) Duties.--The duties of the Commission shall be to-- (1) not later than 3 years after the date of the enactment of this Act, submit to the Secretary and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial; (2) advise the Secretary on the boundaries of the memorial site; (3) advise the Secretary in the development of a management plan for the memorial site; (4) consult and coordinate closely with the State of New York, New York City, the Bronx Borough, and other interested parties; and (5) provide significant opportunities for public participation in the planning and design of the memorial. (j) Powers.--The Commission may-- (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) subject to approval by the Secretary, solicit and accept donations of funds and gifts, personal property, supplies, or services from individuals, foundations, corporations, and other private or public entities to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service. (k) Termination.--The Commission shall terminate upon dedication of the completed memorial. SEC. 4. DUTIES OF THE SECRETARY. The Secretary is authorized to-- (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) provide project management assistance to the Commission for planning, design, and construction activities; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide staff assistance and support to the Commission; (7) participate in the formulation of plans for the design of the memorial, to accept funds raised by the Commission for construction of the memorial, and to construct the memorial; (8) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (9) to administer the memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. <all> | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. c) Term.--The term of the members of the Commission shall be for the life of the Commission. ( f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. c) Term.--The term of the members of the Commission shall be for the life of the Commission. ( f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. c) Term.--The term of the members of the Commission shall be for the life of the Commission. ( f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. c) Term.--The term of the members of the Commission shall be for the life of the Commission. ( f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. c) Term.--The term of the members of the Commission shall be for the life of the Commission. ( f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. ( k) Termination.--The Commission shall terminate upon dedication of the completed memorial. DUTIES OF THE SECRETARY. | 763 |
409 | 7,230 | H.R.1711 | Finance and Financial Sector | Financial Inclusion in Banking Act of 2021
This bill expands the duties of the Office of Community Affairs within the Consumer Financial Protection Bureau regarding under-banked, un-banked, and underserved consumers. Specifically, the office must (1) report on impeding factors for individuals and families that do not participate in the banking system, and (2) develop strategies to increase such participation.
The bill also decreases, beginning September 30, 2031, the cap on the surplus funds of the Federal Reserve banks. (Amounts exceeding this cap are deposited in the general fund of the Treasury.) | To amend the Consumer Financial Protection Act of 2010 to direct the
Office of Community Affairs to identify causes leading to, and
solutions for, under-banked, un-banked, and underserved consumers, and
for other purposes.
Be it enacted by the Senate 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 Inclusion in Banking Act
of 2021''.
SEC. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES WITH RESPECT TO UNDER-
BANKED, UN-BANKED, AND UNDERSERVED CONSUMERS.
Section 1013(b)(2) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5493(b)(2)) is amended--
(1) by striking ``The Director shall establish a unit'' and
inserting the following:
``(A) In general.--The Director shall establish a
unit to be known as the `Office of Community
Affairs'''; and
(2) by adding at the end the following:
``(B) Duties related to under-banked, un-banked,
and underserved consumers.--
``(i) In general.--The Office of Community
Affairs shall--
``(I) lead coordination of research
to identify any causes and challenges
contributing to the decision of
individuals who, and households that,
do not initiate or maintain on-going
and sustainable relationships with
depository institutions, including
consulting with trade associations
representing depository institutions,
trade associations representing
minority depository institutions,
organizations representing the
interests of traditionally underserved
consumers and communities,
organizations representing the
interests of consumers (particularly
low- and moderate-income individuals),
civil rights groups, community groups,
consumer advocates, and the Consumer
Advisory Board about this matter;
``(II) identify subject matter
experts within the Bureau to work on
the issues identified under subclause
(I);
``(III) lead coordination efforts
between other Federal departments and
agencies to better assess the reasons
for the lack of, and help increase the
participation of, under-banked, un-
banked, and underserved consumers in
the banking system; and
``(IV) identify and develop
strategies to increase financial
education to under-banked, un-banked,
and underserved consumers.
``(ii) Coordination with other bureau
offices.--In carrying out this paragraph, the
Office of Community Affairs shall consult with
and coordinate with the research unit
established under subsection (b)(1) and such
other offices of the Bureau as the Director may
determine appropriate.
``(iii) Reporting.--
``(I) In general.--The Office of
Community Affairs shall submit a report
to Congress, within two years of the
date of enactment of this subparagraph
and every 2 years thereafter, that
identifies any factors impeding the
ability of, or limiting the option for,
individuals or households to have
access to fair, on-going, and
sustainable relationships with
depository institutions to meet their
financial needs, discusses any
regulatory, legal, or structural
barriers to enhancing participation of
under-banked, un-banked, and
underserved consumers with depository
institutions, and contains
recommendations to promote better
participation for all consumers with
the banking system.
``(II) Timing of report.--To the
extent possible, the Office shall
submit each report required under
subclause (I) during a year in which
the Federal Deposit Insurance
Corporation does not issue the report
on encouraging use of depository
institutions by the unbanked required
under section 49 of the Federal Deposit
Insurance Act.''.
SEC. 3. DISCRETIONARY SURPLUS FUNDS.
(a) In General.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
reduced by $10,000,000.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2031.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives May 18, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | Financial Inclusion in Banking Act of 2021 | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. | Financial Inclusion in Banking Act of 2021
Financial Inclusion in Banking Act of 2021
Financial Inclusion in Banking Act of 2021 | Rep. Scott, David | D | GA | This bill expands the duties of the Office of Community Affairs within the Consumer Financial Protection Bureau regarding under-banked, un-banked, and underserved consumers. Specifically, the office must (1) report on impeding factors for individuals and families that do not participate in the banking system, and (2) develop strategies to increase such participation. The bill also decreases, beginning September 30, 2031, the cap on the surplus funds of the Federal Reserve banks. (Amounts exceeding this cap are deposited in the general fund of the Treasury.) | Be it enacted by the Senate 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 Inclusion in Banking Act of 2021''. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES WITH RESPECT TO UNDER- BANKED, UN-BANKED, AND UNDERSERVED CONSUMERS. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(b)(2)) is amended-- (1) by striking ``The Director shall establish a unit'' and inserting the following: ``(A) In general.--The Director shall establish a unit to be known as the `Office of Community Affairs'''; and (2) by adding at the end the following: ``(B) Duties related to under-banked, un-banked, and underserved consumers.-- ``(i) In general.--The Office of Community Affairs shall-- ``(I) lead coordination of research to identify any causes and challenges contributing to the decision of individuals who, and households that, do not initiate or maintain on-going and sustainable relationships with depository institutions, including consulting with trade associations representing depository institutions, trade associations representing minority depository institutions, organizations representing the interests of traditionally underserved consumers and communities, organizations representing the interests of consumers (particularly low- and moderate-income individuals), civil rights groups, community groups, consumer advocates, and the Consumer Advisory Board about this matter; ``(II) identify subject matter experts within the Bureau to work on the issues identified under subclause (I); ``(III) lead coordination efforts between other Federal departments and agencies to better assess the reasons for the lack of, and help increase the participation of, under-banked, un- banked, and underserved consumers in the banking system; and ``(IV) identify and develop strategies to increase financial education to under-banked, un-banked, and underserved consumers. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. 3. DISCRETIONARY SURPLUS FUNDS. 289(a)(3)(A)) is reduced by $10,000,000. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2031. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Attest: CHERYL L. JOHNSON, Clerk. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Inclusion in Banking Act of 2021''. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES WITH RESPECT TO UNDER- BANKED, UN-BANKED, AND UNDERSERVED CONSUMERS. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(b)(2)) is amended-- (1) by striking ``The Director shall establish a unit'' and inserting the following: ``(A) In general.--The Director shall establish a unit to be known as the `Office of Community Affairs'''; and (2) by adding at the end the following: ``(B) Duties related to under-banked, un-banked, and underserved consumers.-- ``(i) In general.--The Office of Community Affairs shall-- ``(I) lead coordination of research to identify any causes and challenges contributing to the decision of individuals who, and households that, do not initiate or maintain on-going and sustainable relationships with depository institutions, including consulting with trade associations representing depository institutions, trade associations representing minority depository institutions, organizations representing the interests of traditionally underserved consumers and communities, organizations representing the interests of consumers (particularly low- and moderate-income individuals), civil rights groups, community groups, consumer advocates, and the Consumer Advisory Board about this matter; ``(II) identify subject matter experts within the Bureau to work on the issues identified under subclause (I); ``(III) lead coordination efforts between other Federal departments and agencies to better assess the reasons for the lack of, and help increase the participation of, under-banked, un- banked, and underserved consumers in the banking system; and ``(IV) identify and develop strategies to increase financial education to under-banked, un-banked, and underserved consumers. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. 3. DISCRETIONARY SURPLUS FUNDS. 289(a)(3)(A)) is reduced by $10,000,000. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Be it enacted by the Senate 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 Inclusion in Banking Act of 2021''. SEC. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES WITH RESPECT TO UNDER- BANKED, UN-BANKED, AND UNDERSERVED CONSUMERS. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(b)(2)) is amended-- (1) by striking ``The Director shall establish a unit'' and inserting the following: ``(A) In general.--The Director shall establish a unit to be known as the `Office of Community Affairs'''; and (2) by adding at the end the following: ``(B) Duties related to under-banked, un-banked, and underserved consumers.-- ``(i) In general.--The Office of Community Affairs shall-- ``(I) lead coordination of research to identify any causes and challenges contributing to the decision of individuals who, and households that, do not initiate or maintain on-going and sustainable relationships with depository institutions, including consulting with trade associations representing depository institutions, trade associations representing minority depository institutions, organizations representing the interests of traditionally underserved consumers and communities, organizations representing the interests of consumers (particularly low- and moderate-income individuals), civil rights groups, community groups, consumer advocates, and the Consumer Advisory Board about this matter; ``(II) identify subject matter experts within the Bureau to work on the issues identified under subclause (I); ``(III) lead coordination efforts between other Federal departments and agencies to better assess the reasons for the lack of, and help increase the participation of, under-banked, un- banked, and underserved consumers in the banking system; and ``(IV) identify and develop strategies to increase financial education to under-banked, un-banked, and underserved consumers. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(iii) Reporting.-- ``(I) In general.--The Office of Community Affairs shall submit a report to Congress, within two years of the date of enactment of this subparagraph and every 2 years thereafter, that identifies any factors impeding the ability of, or limiting the option for, individuals or households to have access to fair, on-going, and sustainable relationships with depository institutions to meet their financial needs, discusses any regulatory, legal, or structural barriers to enhancing participation of under-banked, un-banked, and underserved consumers with depository institutions, and contains recommendations to promote better participation for all consumers with the banking system. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. SEC. 3. DISCRETIONARY SURPLUS FUNDS. (a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2031. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Be it enacted by the Senate 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 Inclusion in Banking Act of 2021''. SEC. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES WITH RESPECT TO UNDER- BANKED, UN-BANKED, AND UNDERSERVED CONSUMERS. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(b)(2)) is amended-- (1) by striking ``The Director shall establish a unit'' and inserting the following: ``(A) In general.--The Director shall establish a unit to be known as the `Office of Community Affairs'''; and (2) by adding at the end the following: ``(B) Duties related to under-banked, un-banked, and underserved consumers.-- ``(i) In general.--The Office of Community Affairs shall-- ``(I) lead coordination of research to identify any causes and challenges contributing to the decision of individuals who, and households that, do not initiate or maintain on-going and sustainable relationships with depository institutions, including consulting with trade associations representing depository institutions, trade associations representing minority depository institutions, organizations representing the interests of traditionally underserved consumers and communities, organizations representing the interests of consumers (particularly low- and moderate-income individuals), civil rights groups, community groups, consumer advocates, and the Consumer Advisory Board about this matter; ``(II) identify subject matter experts within the Bureau to work on the issues identified under subclause (I); ``(III) lead coordination efforts between other Federal departments and agencies to better assess the reasons for the lack of, and help increase the participation of, under-banked, un- banked, and underserved consumers in the banking system; and ``(IV) identify and develop strategies to increase financial education to under-banked, un-banked, and underserved consumers. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(iii) Reporting.-- ``(I) In general.--The Office of Community Affairs shall submit a report to Congress, within two years of the date of enactment of this subparagraph and every 2 years thereafter, that identifies any factors impeding the ability of, or limiting the option for, individuals or households to have access to fair, on-going, and sustainable relationships with depository institutions to meet their financial needs, discusses any regulatory, legal, or structural barriers to enhancing participation of under-banked, un-banked, and underserved consumers with depository institutions, and contains recommendations to promote better participation for all consumers with the banking system. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. SEC. 3. DISCRETIONARY SURPLUS FUNDS. (a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2031. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. DETERMINATION OF BUDGETARY EFFECTS. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. ( | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. ( | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. DETERMINATION OF BUDGETARY EFFECTS. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. ( | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. DETERMINATION OF BUDGETARY EFFECTS. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. ( | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. DETERMINATION OF BUDGETARY EFFECTS. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. ( | To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. DETERMINATION OF BUDGETARY EFFECTS. Attest: CHERYL L. JOHNSON, Clerk. | 661 |
411 | 13,979 | H.R.4511 | Health | FDA Advancing Collection of Transformative Science Act or the FACTS Act
This bill establishes that certain data and determinations from a request for emergency use authorization for a drug, biological product, or medical device may apply to later regulatory procedures for that product.
Specifically, data generated to support a request for emergency use authorization may constitute valid scientific evidence to be considered for various later submissions to the Food and Drug Administration (FDA), including a request for market approval.
Also, when granting emergency use authorization for a medical device, if the FDA determines that the device performs certain simple low-risk examinations or procedures, that determination shall apply to certain other regulatory submissions unless additional information contradicts that determination. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use
of emergency use authorization data and real world evidence gathered
during an emergency to support premarket applications for drugs,
biological products, and devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Advancing Collection of
Transformative Science Act'' or the ``FACTS Act''.
SEC. 2. USING EMERGENCY USE AUTHORIZATION DATA AND REAL WORLD EVIDENCE
GATHERED DURING AN EMERGENCY TO SUPPORT PREMARKET
APPLICATIONS FOR DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES.
Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-3(k)) is amended--
(1) by striking ``If a product'' and inserting the
following:
``(1) In general.--If a product''; and
(2) by adding at the end the following:
``(2) Data relating to a drug, biological product, or
device generated during emergency use.--Emergency use-related
data submitted by a sponsor in an application for, or
submission relating to, the approval, licensure, or clearance
of a drug, biological product, or device may constitute valid
scientific evidence or otherwise satisfy the standard of
evidence for approval, licensure, or clearance of such drug,
biological product, or device, and shall be considered for
purposes of--
``(A) reviewing submissions and approving,
licensing, or clearing such drug, biological product,
or device pursuant to, as applicable, sections 505,
510(k), 513(f), and 515 of this Act and section 351 of
the Public Health Service Act; and
``(B) otherwise meeting the requirements of this
Act or section 351 of the Public Health Service Act.
``(3) Applicability of certain categorizations for
premarket device review.--In the case of a device receiving an
authorization under this section for which the Secretary has
determined, in accordance with subsection (m), that a
laboratory examination or procedure associated with such device
is deemed to be in the category of examinations and procedures
described in section 353(d)(3) of the Public Health Service
Act, such determination shall apply with regard to a submission
pursuant to section 510(k), 513(f), or 515 for such device,
unless the Secretary (taking into account any applicable
conditions specified pursuant to subsection (m)(2) of this
section) identifies new information not included in the request
for authorization that indicates that the criteria under
section 353(d)(3) of the Public Health Service Act are not met.
``(4) Rule of construction.--Nothing in this subsection
shall be construed as altering the review standards or
otherwise affecting the requirements under section 505, 510(k),
513(f), or 515 of this Act, or section 351 of the Public Health
Service Act for the approval, licensure, or clearance of a
drug, biological product, or device.
``(5) Emergency use-related data defined.--
``(A) In general.--In this subsection, the term
`emergency use-related data' means--
``(i) data that is used to support the
issuance of an authorization under this section
with respect to a drug, biological product, or
device;
``(ii) data generated during the period
under which such authorization is in effect,
with respect to such drug, biological product,
or device; and
``(iii) real world evidence relating to
such drug, biological product, or device used
pursuant to such authorization.
``(B) Exclusion.--Such term does not include data
previously reviewed and determined to be inadequate or
insufficient to support such an authorization.''.
<all> | FACTS Act | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. | FACTS Act
FDA Advancing Collection of Transformative Science Act | Rep. Burgess, Michael C. | R | TX | This bill establishes that certain data and determinations from a request for emergency use authorization for a drug, biological product, or medical device may apply to later regulatory procedures for that product. Specifically, data generated to support a request for emergency use authorization may constitute valid scientific evidence to be considered for various later submissions to the Food and Drug Administration (FDA), including a request for market approval. Also, when granting emergency use authorization for a medical device, if the FDA determines that the device performs certain simple low-risk examinations or procedures, that determination shall apply to certain other regulatory submissions unless additional information contradicts that determination. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Advancing Collection of Transformative Science Act'' or the ``FACTS Act''. SEC. 2. USING EMERGENCY USE AUTHORIZATION DATA AND REAL WORLD EVIDENCE GATHERED DURING AN EMERGENCY TO SUPPORT PREMARKET APPLICATIONS FOR DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(3) Applicability of certain categorizations for premarket device review.--In the case of a device receiving an authorization under this section for which the Secretary has determined, in accordance with subsection (m), that a laboratory examination or procedure associated with such device is deemed to be in the category of examinations and procedures described in section 353(d)(3) of the Public Health Service Act, such determination shall apply with regard to a submission pursuant to section 510(k), 513(f), or 515 for such device, unless the Secretary (taking into account any applicable conditions specified pursuant to subsection (m)(2) of this section) identifies new information not included in the request for authorization that indicates that the criteria under section 353(d)(3) of the Public Health Service Act are not met. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Advancing Collection of Transformative Science Act'' or the ``FACTS Act''. SEC. 2. USING EMERGENCY USE AUTHORIZATION DATA AND REAL WORLD EVIDENCE GATHERED DURING AN EMERGENCY TO SUPPORT PREMARKET APPLICATIONS FOR DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(3) Applicability of certain categorizations for premarket device review.--In the case of a device receiving an authorization under this section for which the Secretary has determined, in accordance with subsection (m), that a laboratory examination or procedure associated with such device is deemed to be in the category of examinations and procedures described in section 353(d)(3) of the Public Health Service Act, such determination shall apply with regard to a submission pursuant to section 510(k), 513(f), or 515 for such device, unless the Secretary (taking into account any applicable conditions specified pursuant to subsection (m)(2) of this section) identifies new information not included in the request for authorization that indicates that the criteria under section 353(d)(3) of the Public Health Service Act are not met. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Advancing Collection of Transformative Science Act'' or the ``FACTS Act''. SEC. 2. USING EMERGENCY USE AUTHORIZATION DATA AND REAL WORLD EVIDENCE GATHERED DURING AN EMERGENCY TO SUPPORT PREMARKET APPLICATIONS FOR DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(k)) is amended-- (1) by striking ``If a product'' and inserting the following: ``(1) In general.--If a product''; and (2) by adding at the end the following: ``(2) Data relating to a drug, biological product, or device generated during emergency use.--Emergency use-related data submitted by a sponsor in an application for, or submission relating to, the approval, licensure, or clearance of a drug, biological product, or device may constitute valid scientific evidence or otherwise satisfy the standard of evidence for approval, licensure, or clearance of such drug, biological product, or device, and shall be considered for purposes of-- ``(A) reviewing submissions and approving, licensing, or clearing such drug, biological product, or device pursuant to, as applicable, sections 505, 510(k), 513(f), and 515 of this Act and section 351 of the Public Health Service Act; and ``(B) otherwise meeting the requirements of this Act or section 351 of the Public Health Service Act. ``(3) Applicability of certain categorizations for premarket device review.--In the case of a device receiving an authorization under this section for which the Secretary has determined, in accordance with subsection (m), that a laboratory examination or procedure associated with such device is deemed to be in the category of examinations and procedures described in section 353(d)(3) of the Public Health Service Act, such determination shall apply with regard to a submission pursuant to section 510(k), 513(f), or 515 for such device, unless the Secretary (taking into account any applicable conditions specified pursuant to subsection (m)(2) of this section) identifies new information not included in the request for authorization that indicates that the criteria under section 353(d)(3) of the Public Health Service Act are not met. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. <all> | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Advancing Collection of Transformative Science Act'' or the ``FACTS Act''. SEC. 2. USING EMERGENCY USE AUTHORIZATION DATA AND REAL WORLD EVIDENCE GATHERED DURING AN EMERGENCY TO SUPPORT PREMARKET APPLICATIONS FOR DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(k)) is amended-- (1) by striking ``If a product'' and inserting the following: ``(1) In general.--If a product''; and (2) by adding at the end the following: ``(2) Data relating to a drug, biological product, or device generated during emergency use.--Emergency use-related data submitted by a sponsor in an application for, or submission relating to, the approval, licensure, or clearance of a drug, biological product, or device may constitute valid scientific evidence or otherwise satisfy the standard of evidence for approval, licensure, or clearance of such drug, biological product, or device, and shall be considered for purposes of-- ``(A) reviewing submissions and approving, licensing, or clearing such drug, biological product, or device pursuant to, as applicable, sections 505, 510(k), 513(f), and 515 of this Act and section 351 of the Public Health Service Act; and ``(B) otherwise meeting the requirements of this Act or section 351 of the Public Health Service Act. ``(3) Applicability of certain categorizations for premarket device review.--In the case of a device receiving an authorization under this section for which the Secretary has determined, in accordance with subsection (m), that a laboratory examination or procedure associated with such device is deemed to be in the category of examinations and procedures described in section 353(d)(3) of the Public Health Service Act, such determination shall apply with regard to a submission pursuant to section 510(k), 513(f), or 515 for such device, unless the Secretary (taking into account any applicable conditions specified pursuant to subsection (m)(2) of this section) identifies new information not included in the request for authorization that indicates that the criteria under section 353(d)(3) of the Public Health Service Act are not met. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. <all> | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. | 574 |
413 | 13,746 | H.R.7812 | Agriculture and Food | Floriculture and Nursery Plant Health Initiative Act of 2022
This bill establishes a research and extension grant program for a floriculture and nursery plant health initiative.
Specifically, the bill authorizes the Department of Agriculture to provide competitive grants for | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to
establish a floriculture and nursery plant health initiative, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Floriculture and Nursery Plant
Health Initiative Act of 2022''.
SEC. 2. ESTABLISHING THE FLORICULTURE AND NURSERY PLANT HEALTH
INITIATIVE.
(a) In General.--Section 1672(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by
adding at the end the following new paragraph:
``(21) Floriculture and nursery plant health initiative.--
Research and extension grants may be made under this section
for the purposes of--
``(A) developing and disseminating science-based
tools and treatments to combat plant pests (as defined
in section 403 of the Plant Protection Act (7 U.S.C.
7702)) and pathogens that impact floriculture and
nursery crops;
``(B) establishing area-wide integrated pest
management programs in areas affected by, or areas at
risk of being affected by, invasive plant pests or
pathogens;
``(C) surveying and collecting data on the
production of, health of, and markets for floriculture
and nursery crops;
``(D) investigating the biology, genomics, and
production systems of floriculture and nursery crops;
and
``(E) conducting research on various factors that
may contribute to (or be associated with) resilient
floriculture and nursery crop systems, and combatting
other serious threats to floriculture and nursery
crops, including research on--
``(i) utilizing beneficial insects, soil
improvement techniques, and chemicals (organic
and nonorganic) to improve the health and
productivity of floriculture and nursery crops;
``(ii) breeding new varieties to maintain
the worldwide market advantage of the
floriculture and nursery crop industries; and
``(iii) best management practices in
floriculture and nursery crop growing regions
under various climate conditions.''.
(b) Authorization of Appropriations.--Section 1672(h) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is
amended by striking ``2023'' and inserting ``2033''.
<all> | Floriculture and Nursery Plant Health Initiative Act of 2022 | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. | Floriculture and Nursery Plant Health Initiative Act of 2022 | Rep. Kahele, Kaiali'i | D | HI | This bill establishes a research and extension grant program for a floriculture and nursery plant health initiative. Specifically, the bill authorizes the Department of Agriculture to provide competitive grants for | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Floriculture and Nursery Plant Health Initiative Act of 2022''. SEC. 2. ESTABLISHING THE FLORICULTURE AND NURSERY PLANT HEALTH INITIATIVE. (a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. 7702)) and pathogens that impact floriculture and nursery crops; ``(B) establishing area-wide integrated pest management programs in areas affected by, or areas at risk of being affected by, invasive plant pests or pathogens; ``(C) surveying and collecting data on the production of, health of, and markets for floriculture and nursery crops; ``(D) investigating the biology, genomics, and production systems of floriculture and nursery crops; and ``(E) conducting research on various factors that may contribute to (or be associated with) resilient floriculture and nursery crop systems, and combatting other serious threats to floriculture and nursery crops, including research on-- ``(i) utilizing beneficial insects, soil improvement techniques, and chemicals (organic and nonorganic) to improve the health and productivity of floriculture and nursery crops; ``(ii) breeding new varieties to maintain the worldwide market advantage of the floriculture and nursery crop industries; and ``(iii) best management practices in floriculture and nursery crop growing regions under various climate conditions.''. (b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. <all> | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Floriculture and Nursery Plant Health Initiative Act of 2022''. SEC. 2. ESTABLISHING THE FLORICULTURE AND NURSERY PLANT HEALTH INITIATIVE. (a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. 7702)) and pathogens that impact floriculture and nursery crops; ``(B) establishing area-wide integrated pest management programs in areas affected by, or areas at risk of being affected by, invasive plant pests or pathogens; ``(C) surveying and collecting data on the production of, health of, and markets for floriculture and nursery crops; ``(D) investigating the biology, genomics, and production systems of floriculture and nursery crops; and ``(E) conducting research on various factors that may contribute to (or be associated with) resilient floriculture and nursery crop systems, and combatting other serious threats to floriculture and nursery crops, including research on-- ``(i) utilizing beneficial insects, soil improvement techniques, and chemicals (organic and nonorganic) to improve the health and productivity of floriculture and nursery crops; ``(ii) breeding new varieties to maintain the worldwide market advantage of the floriculture and nursery crop industries; and ``(iii) best management practices in floriculture and nursery crop growing regions under various climate conditions.''. (b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. <all> | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Floriculture and Nursery Plant Health Initiative Act of 2022''. SEC. 2. ESTABLISHING THE FLORICULTURE AND NURSERY PLANT HEALTH INITIATIVE. (a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. 7702)) and pathogens that impact floriculture and nursery crops; ``(B) establishing area-wide integrated pest management programs in areas affected by, or areas at risk of being affected by, invasive plant pests or pathogens; ``(C) surveying and collecting data on the production of, health of, and markets for floriculture and nursery crops; ``(D) investigating the biology, genomics, and production systems of floriculture and nursery crops; and ``(E) conducting research on various factors that may contribute to (or be associated with) resilient floriculture and nursery crop systems, and combatting other serious threats to floriculture and nursery crops, including research on-- ``(i) utilizing beneficial insects, soil improvement techniques, and chemicals (organic and nonorganic) to improve the health and productivity of floriculture and nursery crops; ``(ii) breeding new varieties to maintain the worldwide market advantage of the floriculture and nursery crop industries; and ``(iii) best management practices in floriculture and nursery crop growing regions under various climate conditions.''. (b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. <all> | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Floriculture and Nursery Plant Health Initiative Act of 2022''. SEC. 2. ESTABLISHING THE FLORICULTURE AND NURSERY PLANT HEALTH INITIATIVE. (a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. 7702)) and pathogens that impact floriculture and nursery crops; ``(B) establishing area-wide integrated pest management programs in areas affected by, or areas at risk of being affected by, invasive plant pests or pathogens; ``(C) surveying and collecting data on the production of, health of, and markets for floriculture and nursery crops; ``(D) investigating the biology, genomics, and production systems of floriculture and nursery crops; and ``(E) conducting research on various factors that may contribute to (or be associated with) resilient floriculture and nursery crop systems, and combatting other serious threats to floriculture and nursery crops, including research on-- ``(i) utilizing beneficial insects, soil improvement techniques, and chemicals (organic and nonorganic) to improve the health and productivity of floriculture and nursery crops; ``(ii) breeding new varieties to maintain the worldwide market advantage of the floriculture and nursery crop industries; and ``(iii) best management practices in floriculture and nursery crop growing regions under various climate conditions.''. (b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. <all> | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. | 341 |
414 | 12,093 | H.R.5490 | Foreign Trade and International Finance | Foreign Adversary Risk Management Act or the FARM Act
This bill places the Secretary of Agriculture on the Committee on Foreign Investment in the United States, and it requires the committee to review any investment that could result in foreign control of any U.S. agricultural business.
Further, it includes agricultural systems and supply chains in the definitions of critical infrastructure and critical technologies for the purposes of reviewing such investments.
The Department of Agriculture and the Government Accountability Office must each analyze and report on foreign influence in the U.S. agricultural industry. | To amend the Defense Production Act of 1950 to prevent harm and
disruption to the United States agriculture industry by protecting
against foreign influence over agriculture production and supply
chains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Adversary Risk Management
Act'' or the ``FARM Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States agriculture and supply chains are
critical to United States economic success and prosperity, and
should each be classified as critical infrastructure and
critical technologies.
(2) Agriculture is the lifeblood that helps to feed United
States families nationwide. As such, food security is a matter
of national security and should be a top priority of the United
States.
(3) To prevent harm to the United States public health
sector and to prevent disruption to the United States economy
and food supply chains, the increasing influence foreign
countries may have on the United States agriculture industry
and agriculture supply chains should be mitigated.
SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES.
(a) Agriculture Representative.--Section 721(k)(2) of the Defense
Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--
(1) by redesignating subparagraphs (H), (I), and (J) as
subparagraphs (I), (J), and (K), respectively; and
(2) by inserting after subparagraph (G) the following:
``(H) The Secretary of Agriculture.''.
(b) Review of Agriculture Investments by Foreign Entities.--Section
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))
is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; and'' and
inserting a semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) any transaction described in
subparagraph (B)(vi) that is proposed, pending,
or completed on or after the date of the
enactment of the Foreign Adversary Risk
Management Act.''; and
(2) in subparagraph (B), by adding at the end the
following:
``(vi) Any transaction, merger,
acquisition, transfer, agreement, takeover, or
other arrangement that could result in foreign
control of any United States business that is
engaged in agriculture and uses agricultural
products (as defined in the first section of
the Act of July 2, 1926 (44 Stat. 802, chapter
725; 7 U.S.C. 451)).''.
(c) Agricultural Supply Chains Included in Critical
Infrastructure.--Section 721(a)(5) of the Defense Production Act of
1950 (50 U.S.C. 4565(a)(5)) is amended--
(1) by striking ```critical infrastructure' means'' and
inserting the following: ```critical infrastructure'--
``(i) means'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(ii) includes, subject to regulations
prescribed by the Committee, agricultural
systems and supply chains.''.
(d) Agricultural Supply Chains Included as Critical Technologies.--
Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(6)(A)) is amended by adding at the end the following:
``(vii) Agricultural supply chains used for
agricultural products (as defined in the first
section of the Act of July 2, 1926 (44 Stat.
802, chapter 725; 7 U.S.C. 451)).''.
SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES
AGRICULTURE INDUSTRY.
Not later than one year after the date of the enactment of this
Act, the Secretary of Agriculture and the Comptroller General of the
United States shall each--
(1) conduct an analysis of foreign influence in the United
States agriculture industry; and
(2) submit to Congress a report that includes a summary
of--
(A) foreign investments in the United States
agriculture industry;
(B) the potential for foreign investment to
undermine United States agriculture production and
agricultural supply chains;
(C) the largest international threats for increased
foreign control of, and investment in, the United
States agriculture sector; and
(D) agriculture-related espionage and theft
techniques used by foreign governments, including any
attempts to target United States agricultural
intellectual property, innovation, research and
development, cost or pricing data, or internal strategy
documents.
<all> | FARM Act | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. | FARM Act
Foreign Adversary Risk Management Act | Rep. Jackson, Ronny | R | TX | This bill places the Secretary of Agriculture on the Committee on Foreign Investment in the United States, and it requires the committee to review any investment that could result in foreign control of any U.S. agricultural business. Further, it includes agricultural systems and supply chains in the definitions of critical infrastructure and critical technologies for the purposes of reviewing such investments. The Department of Agriculture and the Government Accountability Office must each analyze and report on foreign influence in the U.S. agricultural industry. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) United States agriculture and supply chains are critical to United States economic success and prosperity, and should each be classified as critical infrastructure and critical technologies. (2) Agriculture is the lifeblood that helps to feed United States families nationwide. As such, food security is a matter of national security and should be a top priority of the United States. (3) To prevent harm to the United States public health sector and to prevent disruption to the United States economy and food supply chains, the increasing influence foreign countries may have on the United States agriculture industry and agriculture supply chains should be mitigated. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. (c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES AGRICULTURE INDUSTRY. Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Comptroller General of the United States shall each-- (1) conduct an analysis of foreign influence in the United States agriculture industry; and (2) submit to Congress a report that includes a summary of-- (A) foreign investments in the United States agriculture industry; (B) the potential for foreign investment to undermine United States agriculture production and agricultural supply chains; (C) the largest international threats for increased foreign control of, and investment in, the United States agriculture sector; and (D) agriculture-related espionage and theft techniques used by foreign governments, including any attempts to target United States agricultural intellectual property, innovation, research and development, cost or pricing data, or internal strategy documents. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (2) Agriculture is the lifeblood that helps to feed United States families nationwide. As such, food security is a matter of national security and should be a top priority of the United States. (3) To prevent harm to the United States public health sector and to prevent disruption to the United States economy and food supply chains, the increasing influence foreign countries may have on the United States agriculture industry and agriculture supply chains should be mitigated. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. (c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES AGRICULTURE INDUSTRY. | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Adversary Risk Management Act'' or the ``FARM Act''. SEC. 2. FINDINGS. Congress finds the following: (1) United States agriculture and supply chains are critical to United States economic success and prosperity, and should each be classified as critical infrastructure and critical technologies. (2) Agriculture is the lifeblood that helps to feed United States families nationwide. As such, food security is a matter of national security and should be a top priority of the United States. (3) To prevent harm to the United States public health sector and to prevent disruption to the United States economy and food supply chains, the increasing influence foreign countries may have on the United States agriculture industry and agriculture supply chains should be mitigated. SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. (a) Agriculture Representative.--Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. (b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. (c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. (d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES AGRICULTURE INDUSTRY. Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Comptroller General of the United States shall each-- (1) conduct an analysis of foreign influence in the United States agriculture industry; and (2) submit to Congress a report that includes a summary of-- (A) foreign investments in the United States agriculture industry; (B) the potential for foreign investment to undermine United States agriculture production and agricultural supply chains; (C) the largest international threats for increased foreign control of, and investment in, the United States agriculture sector; and (D) agriculture-related espionage and theft techniques used by foreign governments, including any attempts to target United States agricultural intellectual property, innovation, research and development, cost or pricing data, or internal strategy documents. <all> | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Adversary Risk Management Act'' or the ``FARM Act''. SEC. 2. FINDINGS. Congress finds the following: (1) United States agriculture and supply chains are critical to United States economic success and prosperity, and should each be classified as critical infrastructure and critical technologies. (2) Agriculture is the lifeblood that helps to feed United States families nationwide. As such, food security is a matter of national security and should be a top priority of the United States. (3) To prevent harm to the United States public health sector and to prevent disruption to the United States economy and food supply chains, the increasing influence foreign countries may have on the United States agriculture industry and agriculture supply chains should be mitigated. SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. (a) Agriculture Representative.--Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. (b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. (c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. (d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES AGRICULTURE INDUSTRY. Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Comptroller General of the United States shall each-- (1) conduct an analysis of foreign influence in the United States agriculture industry; and (2) submit to Congress a report that includes a summary of-- (A) foreign investments in the United States agriculture industry; (B) the potential for foreign investment to undermine United States agriculture production and agricultural supply chains; (C) the largest international threats for increased foreign control of, and investment in, the United States agriculture sector; and (D) agriculture-related espionage and theft techniques used by foreign governments, including any attempts to target United States agricultural intellectual property, innovation, research and development, cost or pricing data, or internal strategy documents. <all> | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. As such, food security is a matter of national security and should be a top priority of the United States. ( 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. ( b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. As such, food security is a matter of national security and should be a top priority of the United States. ( 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. ( b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. As such, food security is a matter of national security and should be a top priority of the United States. ( 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. ( b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. As such, food security is a matter of national security and should be a top priority of the United States. ( 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. ( b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( | To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. As such, food security is a matter of national security and should be a top priority of the United States. ( 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. ( b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ''; 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. ( d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. | 700 |
416 | 2,742 | S.2682 | Education | Protect Equality And Civics Education Act or the PEACE Act
This bill prohibits the use of FY2021 funding made available for the American History and Civics Education program to fund a curriculum, teaching, or counseling that promotes a divisive concept under the priorities noticed in the Department of Education's proposed rule titled Proposed Priorities-American History and Civics Education, published on April 19, 2021. | To amend title III of division H of the Consolidated Appropriations
Act, 2021 to prohibit the expenditure of funds on divisive concepts
under the priorities noticed in the proposed rule submitted by the
Department of Education relating to Proposed Priorities-American
History and Civics Education.
Be it enacted by the Senate 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 Equality And Civics
Education Act'' or the ``PEACE Act''.
SEC. 2. LIMITATION ON USE OF FUNDS.
After section 318 of title III of division H of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), insert the following:
``Sec. 319. (a) None of the funds made available by this title for
an American history and civics education program under subpart 3 of
part B of title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6661 et seq.) may be used to fund curriculum, or
teaching or counseling, that promotes or compels a divisive concept
under the priorities noticed in the proposed rule submitted by the
Department of Education relating to Proposed Priorities-American
History and Civics Education (published at 86 Fed. Reg. 20348 (April
19, 2021)).
``(b) In this section:
``(1) The term `promotes or compels a divisive concept',
means race stereotyping or race scapegoating, or promotion of
one or more of the following concepts:
``(A) One race is inherently superior to another
race.
``(B) The United States is fundamentally racist.
``(C) An individual, by virtue of his or her race,
is inherently racist or oppressive, whether consciously
or unconsciously.
``(D) An individual should be discriminated against
or receive adverse treatment solely or partly because
of his or her race.
``(E) Members of one race cannot and should not
attempt to treat others without respect to race.
``(F) An individual's moral character is
necessarily determined by his or her race.
``(G) An individual, by virtue of his or her race,
bears responsibility for actions committed in the past
by other members of the same race.
``(H) Any individual should feel discomfort, guilt,
anguish, or any other form of psychological distress on
account of his or her race.
``(I) Meritocracy or traits such as a hard work
ethic are racist, or were created by a particular race
to oppress another race.
``(2) The term `race scapegoating' means assigning fault,
blame, or bias to a race, or to members of a race because of
their race.
``(3) The term `race stereotyping' means ascribing
character traits, values, moral and ethical codes, privileges,
status, or beliefs to a race, or to an individual because of
the individual's race.''.
<all> | PEACE Act | A bill to amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. | PEACE Act
Protect Equality And Civics Education Act | Sen. Rubio, Marco | R | FL | This bill prohibits the use of FY2021 funding made available for the American History and Civics Education program to fund a curriculum, teaching, or counseling that promotes a divisive concept under the priorities noticed in the Department of Education's proposed rule titled Proposed Priorities-American History and Civics Education, published on April 19, 2021. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. Be it enacted by the Senate 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 Equality And Civics Education Act'' or the ``PEACE Act''. SEC. 2. LIMITATION ON USE OF FUNDS. After section 318 of title III of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260), insert the following: ``Sec. 319. (a) None of the funds made available by this title for an American history and civics education program under subpart 3 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) may be used to fund curriculum, or teaching or counseling, that promotes or compels a divisive concept under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education (published at 86 Fed. Reg. 20348 (April 19, 2021)). ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(C) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. ``(E) Members of one race cannot and should not attempt to treat others without respect to race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(G) An individual, by virtue of his or her race, bears responsibility for actions committed in the past by other members of the same race. ``(H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(2) The term `race scapegoating' means assigning fault, blame, or bias to a race, or to members of a race because of their race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. <all> | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. Be it enacted by the Senate 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 Equality And Civics Education Act'' or the ``PEACE Act''. SEC. LIMITATION ON USE OF FUNDS. 319. (a) None of the funds made available by this title for an American history and civics education program under subpart 3 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) Reg. 20348 (April 19, 2021)). ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(C) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. ``(E) Members of one race cannot and should not attempt to treat others without respect to race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(G) An individual, by virtue of his or her race, bears responsibility for actions committed in the past by other members of the same race. ``(H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(2) The term `race scapegoating' means assigning fault, blame, or bias to a race, or to members of a race because of their race. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. Be it enacted by the Senate 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 Equality And Civics Education Act'' or the ``PEACE Act''. SEC. 2. LIMITATION ON USE OF FUNDS. After section 318 of title III of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260), insert the following: ``Sec. 319. (a) None of the funds made available by this title for an American history and civics education program under subpart 3 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) may be used to fund curriculum, or teaching or counseling, that promotes or compels a divisive concept under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education (published at 86 Fed. Reg. 20348 (April 19, 2021)). ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(C) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. ``(E) Members of one race cannot and should not attempt to treat others without respect to race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(G) An individual, by virtue of his or her race, bears responsibility for actions committed in the past by other members of the same race. ``(H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(2) The term `race scapegoating' means assigning fault, blame, or bias to a race, or to members of a race because of their race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. <all> | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. Be it enacted by the Senate 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 Equality And Civics Education Act'' or the ``PEACE Act''. SEC. 2. LIMITATION ON USE OF FUNDS. After section 318 of title III of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260), insert the following: ``Sec. 319. (a) None of the funds made available by this title for an American history and civics education program under subpart 3 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) may be used to fund curriculum, or teaching or counseling, that promotes or compels a divisive concept under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education (published at 86 Fed. Reg. 20348 (April 19, 2021)). ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(C) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. ``(E) Members of one race cannot and should not attempt to treat others without respect to race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(G) An individual, by virtue of his or her race, bears responsibility for actions committed in the past by other members of the same race. ``(H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(2) The term `race scapegoating' means assigning fault, blame, or bias to a race, or to members of a race because of their race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. <all> | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. LIMITATION ON USE OF FUNDS. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. LIMITATION ON USE OF FUNDS. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. LIMITATION ON USE OF FUNDS. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. LIMITATION ON USE OF FUNDS. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. LIMITATION ON USE OF FUNDS. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. | To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. | 449 |
418 | 2,170 | S.3419 | Housing and Community Development | HUD Health and Safety Accountability Act
This bill requires the Department of Housing and Urban Development (HUD) to make changes to policies and procedures applicable to HUD multifamily housing programs.
For example, the bill requires management and occupancy reviews conducted by the Office of Multifamily Housing Programs to include specified graded factors.
Additionally, the bill requires changes to (1) local code enforcement response, (2) HUD oversight of individual units that receive Section 8 housing assistance, (3) tenant surveys issued by performance-based contract administrators, and (4) the disclosure of program contact information to tenants. | To require the Secretary of Housing and Urban Development to reform
policies and issue guidance related to health and safety
accountability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUD Health and Safety Accountability
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. REFORMS TO MANAGEMENT AND OCCUPANCY REVIEWS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall make the following reforms to management and
occupancy reviews conducted by the Office of Multifamily Housing
Programs:
(1) Form 9843 shall be restructured to include the
following as graded factors:
(A) Responsiveness of local code violations.
(B) Remediation of health and sanitation and
structural integrity issues outlined in uniform
physical condition standards inspections.
(C) Remediation of deficiencies outlined in any
demand for corrective actions.
(D) Restoration of the resident satisfaction
section and inclusion of feedback from tenants to
contribute to the grading.
(2) Rebalance existing grading methodology to prioritize--
(A) health, safety, and sanitation conditions;
(B) general physical condition is compliant with
contractual standards; and
(C) remediation of tenant concerns regarding unit
conditions, particularly health, safety, and
sanitation.
(3) The Performance Based Contract Administrator may
formally recommend abatement or cure period for properties and
resident units that do not meet contractual or Federal, State,
or local standards.
(4) Owner-reported notices of local code violations,
security and incident reports, and uniform physical condition
standards inspection reports from the Department shall be
included in the review for the category for overall assessment
and score results.
(5) During the review, Performance Based Contract
Administrators may assess conditions of both occupied (with
resident consent) and unoccupied units.
(6) If a property that has not received a uniform physical
condition standards inspection within 1 year receives an
``unsatisfactory'' rating on a review, a uniform physical
condition standards inspection shall be automatically required
within 120 days.
(7) Allows the Secretary to allocate revenue from civil
money penalties on owners as a result of housing assistance
payment contract violations to fund the reviews and uniform
physical condition standards inspections.
SEC. 4. REFORMS TO LOCAL CODE ENFORCEMENT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue guidance to reform local code enforcement by
the Department, including by requiring owners, or designated property
managers, of properties receiving project-based rental assistance under
section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) to--
(1) report to the appropriate Performance Based Contract
Administrator and regional office of the Department within 14
days of receiving official notice--
(A) local code enforcement findings of deficient
conditions at properties both generally and at resident
units, including--
(i) a copy of the official notice;
(ii) a summary of the deficiency findings;
and
(iii) a priority summary of health and
safety conditions cited and compliance
requirements; and
(2) report to the local code enforcement entity that the
owner or designated property manager, as applicable, has
submitted the information under paragraph (1).
SEC. 5. REFORMS TO HUD OVERSIGHT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue guidance to--
(1) reform the scoring methodology for uniform physical
condition standards inspections to prioritize health and safety
conditions, including interior unit conditions;
(2) require the Secretary to verify in person that owners
have taken action to address health and safety deficiencies
outlined in a demand for corrective action;
(3) requires property owners to report all deficiencies
listed in a demand for corrective action to the applicable
Performance Based Contract Administrator; and
(4) allow for the Department to abate individual units
assisted under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) from contractual financial payments for
exigent health and safety reasons, provided that tenants of
such units shall not be required to pay contributions toward
rent for during the abatement periods.
SEC. 6. REFORMS TO TENANT SURVEYS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall develop a process by which a Performance Based
Contract Administrator shall issue tenant surveys, as follows:
(1) For properties receiving a uniform physical condition
standards inspection score of not less than 60/100 and not more
than 80/100, tenant surveys shall be made available to a
sampling of not less than 20 percent of residents of each
structure under a housing assistance payments contract, and
will be required on the next inspection, and ongoing for each
inspection until the property receives a score that is more
than 80/100.
(2) For properties receiving a uniform physical condition
standards inspection score of not more than 59/100, tenant
surveys shall be made available for 100 percent of tenants of
each structure covered under a housing assistance payments
contract for the purpose of identifying consistent or
persistent problems with the physical condition of the
structure or performance of the manager of the structure.
(3) The tenant surveys shall be reviewed by the Performance
Based Contract Administrator and included as graded factors in
uniform physical condition standards inspections, with priority
provided for health and safety deficiencies.
SEC. 7. CONTACT INFORMATION.
Each owner of a property receiving assistance under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an
annual basis, provide to tenants contact information for the
applicable--
(1) regional office of the Department;
(2) local field office of the Department;
(3) public housing agency, as defined in section 3(b) of
the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and
(4) Performance Based Contract Administrator.
SEC. 8. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report that--
(1) examines the capital reserves of each structure under a
housing assistance payment contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) with a
uniform physical condition standards inspection score of 59/100
or below, including the use of funds derived from the housing
assistance payment contract for purposes unrelated to the
maintenance and capitalization of the structure, and the
remediation of health and safety issues outlined in uniform
physical condition standards inspections, demands for
corrective actions, and notices of default;
(2) includes a list of each structure under a housing
assistance payment contract under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) that has received
a demand for corrective action from the Department but has not
complied with compliance or remediation requirements;
(3) a list of each structure under a housing assistance
payment contract under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) that has not received a uniform
physical condition standards inspection according to the
applicable timeline requirements under section 200.857(b) of
title 24, Code of Federal Regulations (or any successor
regulation) during the 5-year period preceding the date of the
report, and a detailed explanation for why each such structure
was not inspected in according to the applicable timelines;
(4) a detailed list of all crimes of violence (as defined
in section 16 of title 18, United States Code) that have taken
place at each structure under a housing assistance payment
contract under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) during the 5-year period preceding the
date of the report, and recommendations for improving safety
and precautionary security efforts to keep tenants safe from
crimes of violence; and
(5) a detailed list of programmatic recommendations
regarding assistance provided under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), including--
(A) improving health, sanitation, and safety
conditions;
(B) physical rehabilitation of properties for long-
term sustainability; and
(C) improving enforcement mechanisms on both
property owners and contracted managers to remediate
deficiencies.
<all> | HUD Health and Safety Accountability Act | A bill to require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. | HUD Health and Safety Accountability Act | Sen. Rubio, Marco | R | FL | This bill requires the Department of Housing and Urban Development (HUD) to make changes to policies and procedures applicable to HUD multifamily housing programs. For example, the bill requires management and occupancy reviews conducted by the Office of Multifamily Housing Programs to include specified graded factors. Additionally, the bill requires changes to (1) local code enforcement response, (2) HUD oversight of individual units that receive Section 8 housing assistance, (3) tenant surveys issued by performance-based contract administrators, and (4) the disclosure of program contact information to tenants. | SHORT TITLE. This Act may be cited as the ``HUD Health and Safety Accountability Act''. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Housing and Urban Development. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. 3. REFORMS TO MANAGEMENT AND OCCUPANCY REVIEWS. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. REFORMS TO LOCAL CODE ENFORCEMENT. 1437f(o)) to-- (1) report to the appropriate Performance Based Contract Administrator and regional office of the Department within 14 days of receiving official notice-- (A) local code enforcement findings of deficient conditions at properties both generally and at resident units, including-- (i) a copy of the official notice; (ii) a summary of the deficiency findings; and (iii) a priority summary of health and safety conditions cited and compliance requirements; and (2) report to the local code enforcement entity that the owner or designated property manager, as applicable, has submitted the information under paragraph (1). 5. 1437f) from contractual financial payments for exigent health and safety reasons, provided that tenants of such units shall not be required to pay contributions toward rent for during the abatement periods. 6. REFORMS TO TENANT SURVEYS. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. 7. CONTACT INFORMATION. Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. SEC. REPORT. 1437f) that has not received a uniform physical condition standards inspection according to the applicable timeline requirements under section 200.857(b) of title 24, Code of Federal Regulations (or any successor regulation) during the 5-year period preceding the date of the report, and a detailed explanation for why each such structure was not inspected in according to the applicable timelines; (4) a detailed list of all crimes of violence (as defined in section 16 of title 18, United States Code) that have taken place at each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. | SHORT TITLE. This Act may be cited as the ``HUD Health and Safety Accountability Act''. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Housing and Urban Development. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. 3. REFORMS TO MANAGEMENT AND OCCUPANCY REVIEWS. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. REFORMS TO LOCAL CODE ENFORCEMENT. 5. 1437f) from contractual financial payments for exigent health and safety reasons, provided that tenants of such units shall not be required to pay contributions toward rent for during the abatement periods. 6. REFORMS TO TENANT SURVEYS. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. 7. CONTACT INFORMATION. Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. SEC. REPORT. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Health and Safety Accountability Act''. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Housing and Urban Development. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. 3. REFORMS TO MANAGEMENT AND OCCUPANCY REVIEWS. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. (2) Rebalance existing grading methodology to prioritize-- (A) health, safety, and sanitation conditions; (B) general physical condition is compliant with contractual standards; and (C) remediation of tenant concerns regarding unit conditions, particularly health, safety, and sanitation. (4) Owner-reported notices of local code violations, security and incident reports, and uniform physical condition standards inspection reports from the Department shall be included in the review for the category for overall assessment and score results. (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO LOCAL CODE ENFORCEMENT. 1437f(o)) to-- (1) report to the appropriate Performance Based Contract Administrator and regional office of the Department within 14 days of receiving official notice-- (A) local code enforcement findings of deficient conditions at properties both generally and at resident units, including-- (i) a copy of the official notice; (ii) a summary of the deficiency findings; and (iii) a priority summary of health and safety conditions cited and compliance requirements; and (2) report to the local code enforcement entity that the owner or designated property manager, as applicable, has submitted the information under paragraph (1). 5. REFORMS TO HUD OVERSIGHT. 1437f) from contractual financial payments for exigent health and safety reasons, provided that tenants of such units shall not be required to pay contributions toward rent for during the abatement periods. 6. REFORMS TO TENANT SURVEYS. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. 7. CONTACT INFORMATION. Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. SEC. REPORT. 1437f) that has not received a uniform physical condition standards inspection according to the applicable timeline requirements under section 200.857(b) of title 24, Code of Federal Regulations (or any successor regulation) during the 5-year period preceding the date of the report, and a detailed explanation for why each such structure was not inspected in according to the applicable timelines; (4) a detailed list of all crimes of violence (as defined in section 16 of title 18, United States Code) that have taken place at each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), including-- (A) improving health, sanitation, and safety conditions; (B) physical rehabilitation of properties for long- term sustainability; and (C) improving enforcement mechanisms on both property owners and contracted managers to remediate deficiencies. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Health and Safety Accountability Act''. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Housing and Urban Development. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. 3. REFORMS TO MANAGEMENT AND OCCUPANCY REVIEWS. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. (2) Rebalance existing grading methodology to prioritize-- (A) health, safety, and sanitation conditions; (B) general physical condition is compliant with contractual standards; and (C) remediation of tenant concerns regarding unit conditions, particularly health, safety, and sanitation. (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. (4) Owner-reported notices of local code violations, security and incident reports, and uniform physical condition standards inspection reports from the Department shall be included in the review for the category for overall assessment and score results. (5) During the review, Performance Based Contract Administrators may assess conditions of both occupied (with resident consent) and unoccupied units. (6) If a property that has not received a uniform physical condition standards inspection within 1 year receives an ``unsatisfactory'' rating on a review, a uniform physical condition standards inspection shall be automatically required within 120 days. (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO LOCAL CODE ENFORCEMENT. 1437f(o)) to-- (1) report to the appropriate Performance Based Contract Administrator and regional office of the Department within 14 days of receiving official notice-- (A) local code enforcement findings of deficient conditions at properties both generally and at resident units, including-- (i) a copy of the official notice; (ii) a summary of the deficiency findings; and (iii) a priority summary of health and safety conditions cited and compliance requirements; and (2) report to the local code enforcement entity that the owner or designated property manager, as applicable, has submitted the information under paragraph (1). 5. REFORMS TO HUD OVERSIGHT. 1437f) from contractual financial payments for exigent health and safety reasons, provided that tenants of such units shall not be required to pay contributions toward rent for during the abatement periods. 6. REFORMS TO TENANT SURVEYS. Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a process by which a Performance Based Contract Administrator shall issue tenant surveys, as follows: (1) For properties receiving a uniform physical condition standards inspection score of not less than 60/100 and not more than 80/100, tenant surveys shall be made available to a sampling of not less than 20 percent of residents of each structure under a housing assistance payments contract, and will be required on the next inspection, and ongoing for each inspection until the property receives a score that is more than 80/100. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. 7. CONTACT INFORMATION. Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. SEC. REPORT. 1437f) that has not received a uniform physical condition standards inspection according to the applicable timeline requirements under section 200.857(b) of title 24, Code of Federal Regulations (or any successor regulation) during the 5-year period preceding the date of the report, and a detailed explanation for why each such structure was not inspected in according to the applicable timelines; (4) a detailed list of all crimes of violence (as defined in section 16 of title 18, United States Code) that have taken place at each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) during the 5-year period preceding the date of the report, and recommendations for improving safety and precautionary security efforts to keep tenants safe from crimes of violence; and (5) a detailed list of programmatic recommendations regarding assistance provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), including-- (A) improving health, sanitation, and safety conditions; (B) physical rehabilitation of properties for long- term sustainability; and (C) improving enforcement mechanisms on both property owners and contracted managers to remediate deficiencies. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. ( 7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO HUD OVERSIGHT. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. ( 7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO HUD OVERSIGHT. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. ( 7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO HUD OVERSIGHT. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. ( 7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO HUD OVERSIGHT. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. ( D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. ( (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. ( 7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. REFORMS TO HUD OVERSIGHT. REFORMS TO TENANT SURVEYS. 2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. ( 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. | 1,378 |
421 | 1,558 | S.3438 | Public Lands and Natural Resources | National Service Animals Memorial Act
This bill authorizes the National Service Animals Monument Corporation to establish a commemorative work on federal land in the District of Columbia to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States.
The corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work.
The establishment of the commemorative work shall be in accordance with the Commemorative Works Act.
Federal funds may not be used to pay any expenses for the establishment of the commemorative work. | To authorize the National Service Animals Monument Corporation to
establish a commemorative work in the District of Columbia and its
environs, and for other purposes.
Be it enacted by the Senate 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 Service Animals Memorial
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the mission of the National Service Animals Monument
Corporation is to honor and recognize the broad scope of
service animals, including working animals, through the
establishment of a memorial to educate the public about the
contributions made by service animals and the human-animal bond
between service animals and the handlers of the service
animals, regardless of whether the handler is an individual
with a disability, a law enforcement officer, military
personnel, or any other individual;
(2) in 1929, formalized service animal work began when the
Eustice School in New Jersey established the first guide-dog
school;
(3) the purple poppy is the international symbol for the
service and sacrifice of service animals;
(4) on February 24 of each year, National Service Animals
Day is celebrated in the United States and throughout the
world;
(5) service and working animals, such as dogs, horses,
homing pigeons, donkeys, mules, dolphins, sea lions, and other
animals, have worked alongside and supported humans throughout
history and have created strong human-animal bonds, including
when--
(A) during the Revolutionary War, horses served in
combat carrying soldiers and transporting the wounded
and critical supplies;
(B) during World War I and World War II--
(i) homing pigeons served as critical
messengers with tiny message capsules attached
to the legs of the pigeons that were used to
send communications that saved the lives of
countless soldiers, resulting in many pigeons
becoming the target of enemy fire; and
(ii) donkeys and mules transported food,
supplies, and wounded servicemembers; and
(C) during the war in Afghanistan--
(i) military working dogs safeguarded the
lives of thousands of servicemembers by
clearing areas of improvised explosion devices;
and
(ii) as 1 example, Lucca, a German
Shepherd-Belgian Malinois service dog--
(I) was employed by the United
States Marine Corps for 6 years;
(II) was trained to detect
explosives;
(III) deployed twice to Iraq and
once to Afghanistan;
(IV) supported over 400 missions
without a single human fatality; and
(V) sustained an injury and
amputation in 2012 due to an improvised
explosive device while on patrol in
Afghanistan;
(6) the bonds formed between law enforcement and military
personnel and working dogs are so strong that the personnel and
dogs have willingly risked their lives to save each other;
(7) the tasks that service dogs perform for individuals
with disabilities are essential activities of daily living,
such as--
(A) guiding individuals with visual impairments;
(B) signaling sounds for individuals who are deaf;
(C) retrieving items for individuals with mobility
issues;
(D) alerting the individuals about impending
cardiac episodes or seizures;
(E) turning on lights for the individuals;
(F) providing stability for the individuals while
the individuals are standing; and
(G) pressing elevator and accessibility buttons for
the individuals;
(8) in addition to the help of service animals with
functional tasks and missions, the human-animal bond provides
handlers the ability to--
(A) live independently;
(B) work confidently; and
(C) socialize freely;
(9) shelter dogs can be trained as service animals;
(10) service animals, such as horses and dogs, support--
(A) a variety of health and therapy services,
including for individuals with autism, schizophrenia,
depression, anxiety, and bipolar disorder; and
(B) servicemembers and veterans who experience
traumatic brain injury and post-traumatic stress
disorder;
(11) search and rescue dogs working with civilian or law
enforcement handlers make communities in the United States and
the United States overall safer when assisting with the rescue
of lost children, seniors, and other at-risk individuals,
including in the event of natural or manmade disasters, such as
the support by service animals of--
(A) search and rescue missions after terrorist
attacks, including the Oklahoma City bombing on April
19, 1995, and the terrorist attack on September 11,
2001; and
(B) local search and rescue missions involving lost
children, such as--
(i) the service dog Mercy, a bloodhound
with the Lee County, Florida, Sheriff's
department, who tracked a 12-year-old girl for
more than half a mile through thick woods after
the girl went missing during Tropical Storm
Elsa in July 2021; and
(ii) the service dog Gandalf, trained by
the South Carolina Search and Rescue Dog
Association, who found a 12-year-old boy who
had vanished from a campsite in the Blue Ridge
Mountains in North Carolina in March 2019;
(12) the extraordinary abilities of service animals,
including smell, sensing, hearing, eyesight, and empathy, make
the service animals uniquely capable of helping humans,
including by--
(A) assisting with the identification of illegal
drugs;
(B) detecting an impending seizure;
(C) hearing an individual buried beneath rubble; or
(D) seeing an expensive or vital tool dropped by a
naval diver;
(13) service animals provide well-documented value to human
health, safety, and security; and
(14) the National Service Animals Memorial will represent a
place of pride, introspection, and education to pay tribute to
the contributions and sacrifices made by all service animals
and the handlers of service animals throughout history.
SEC. 3. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK.
(a) In General.--The National Service Animals Monument Corporation
(referred to in this section as the ``Corporation'') may establish a
commemorative work on Federal land in the District of Columbia and its
environs to commemorate the heroic deeds and sacrifices of service
animals and handlers of service animals in the United States.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the national service animals monument
corporation.--The Corporation shall be solely responsible for
the acceptance of contributions for, and the payment of the
expenses of, the establishment of the commemorative work under
this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Corporation shall transmit the
amount of the balance to the Secretary of the Interior for
deposit in the account provided for in section 8906(b)(3) of
title 40, United States Code.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work under
this section, the Corporation shall transmit the amount of the
balance to a separate account with the National Park Foundation
for memorials, to be available to the Secretary of the Interior
or the Administrator of General Services, as appropriate, in
accordance with the process provided in section 8906(b)(4) of
title 40, United States Code, for accounts established under
paragraph (2) or (3) of section 8906(b) of that title.
<all> | National Service Animals Memorial Act | A bill to authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. | National Service Animals Memorial Act | Sen. Blumenthal, Richard | D | CT | This bill authorizes the National Service Animals Monument Corporation to establish a commemorative work on federal land in the District of Columbia to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. The corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work. The establishment of the commemorative work shall be in accordance with the Commemorative Works Act. Federal funds may not be used to pay any expenses for the establishment of the commemorative work. | SHORT TITLE. 2. 3. (a) In General.--The National Service Animals Monument Corporation (referred to in this section as the ``Corporation'') may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. | SHORT TITLE. 2. 3. (a) In General.--The National Service Animals Monument Corporation (referred to in this section as the ``Corporation'') may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. | SHORT TITLE. 2. 3. (a) In General.--The National Service Animals Monument Corporation (referred to in this section as the ``Corporation'') may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. | SHORT TITLE. This Act may be cited as the ``National Service Animals Memorial Act''. 2. FINDINGS. Congress finds that-- (1) the mission of the National Service Animals Monument Corporation is to honor and recognize the broad scope of service animals, including working animals, through the establishment of a memorial to educate the public about the contributions made by service animals and the human-animal bond between service animals and the handlers of the service animals, regardless of whether the handler is an individual with a disability, a law enforcement officer, military personnel, or any other individual; (2) in 1929, formalized service animal work began when the Eustice School in New Jersey established the first guide-dog school; (3) the purple poppy is the international symbol for the service and sacrifice of service animals; (4) on February 24 of each year, National Service Animals Day is celebrated in the United States and throughout the world; (5) service and working animals, such as dogs, horses, homing pigeons, donkeys, mules, dolphins, sea lions, and other animals, have worked alongside and supported humans throughout history and have created strong human-animal bonds, including when-- (A) during the Revolutionary War, horses served in combat carrying soldiers and transporting the wounded and critical supplies; (B) during World War I and World War II-- (i) homing pigeons served as critical messengers with tiny message capsules attached to the legs of the pigeons that were used to send communications that saved the lives of countless soldiers, resulting in many pigeons becoming the target of enemy fire; and (ii) donkeys and mules transported food, supplies, and wounded servicemembers; and (C) during the war in Afghanistan-- (i) military working dogs safeguarded the lives of thousands of servicemembers by clearing areas of improvised explosion devices; and (ii) as 1 example, Lucca, a German Shepherd-Belgian Malinois service dog-- (I) was employed by the United States Marine Corps for 6 years; (II) was trained to detect explosives; (III) deployed twice to Iraq and once to Afghanistan; (IV) supported over 400 missions without a single human fatality; and (V) sustained an injury and amputation in 2012 due to an improvised explosive device while on patrol in Afghanistan; (6) the bonds formed between law enforcement and military personnel and working dogs are so strong that the personnel and dogs have willingly risked their lives to save each other; (7) the tasks that service dogs perform for individuals with disabilities are essential activities of daily living, such as-- (A) guiding individuals with visual impairments; (B) signaling sounds for individuals who are deaf; (C) retrieving items for individuals with mobility issues; (D) alerting the individuals about impending cardiac episodes or seizures; (E) turning on lights for the individuals; (F) providing stability for the individuals while the individuals are standing; and (G) pressing elevator and accessibility buttons for the individuals; (8) in addition to the help of service animals with functional tasks and missions, the human-animal bond provides handlers the ability to-- (A) live independently; (B) work confidently; and (C) socialize freely; (9) shelter dogs can be trained as service animals; (10) service animals, such as horses and dogs, support-- (A) a variety of health and therapy services, including for individuals with autism, schizophrenia, depression, anxiety, and bipolar disorder; and (B) servicemembers and veterans who experience traumatic brain injury and post-traumatic stress disorder; (11) search and rescue dogs working with civilian or law enforcement handlers make communities in the United States and the United States overall safer when assisting with the rescue of lost children, seniors, and other at-risk individuals, including in the event of natural or manmade disasters, such as the support by service animals of-- (A) search and rescue missions after terrorist attacks, including the Oklahoma City bombing on April 19, 1995, and the terrorist attack on September 11, 2001; and (B) local search and rescue missions involving lost children, such as-- (i) the service dog Mercy, a bloodhound with the Lee County, Florida, Sheriff's department, who tracked a 12-year-old girl for more than half a mile through thick woods after the girl went missing during Tropical Storm Elsa in July 2021; and (ii) the service dog Gandalf, trained by the South Carolina Search and Rescue Dog Association, who found a 12-year-old boy who had vanished from a campsite in the Blue Ridge Mountains in North Carolina in March 2019; (12) the extraordinary abilities of service animals, including smell, sensing, hearing, eyesight, and empathy, make the service animals uniquely capable of helping humans, including by-- (A) assisting with the identification of illegal drugs; (B) detecting an impending seizure; (C) hearing an individual buried beneath rubble; or (D) seeing an expensive or vital tool dropped by a naval diver; (13) service animals provide well-documented value to human health, safety, and security; and (14) the National Service Animals Memorial will represent a place of pride, introspection, and education to pay tribute to the contributions and sacrifices made by all service animals and the handlers of service animals throughout history. SEC. 3. (a) In General.--The National Service Animals Monument Corporation (referred to in this section as the ``Corporation'') may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. ( | 1,252 |
424 | 12,936 | H.R.3467 | Health | Improving Data Collection for Adverse Childhood Experiences Act
This bill authorizes the Centers for Disease Control and Prevention (CDC) to collect data, in cooperation with states, through relevant public health surveillance systems or surveys for a longitudinal study on the links between adverse childhood experiences and negative outcomes. In addition, the CDC may provide, directly or through grants or other agreements with public or nonprofit entities, technical assistance related to this data collection. | To amend the Public Health Service Act to direct the Secretary of
Health and Human Services, acting through the Director of the Centers
for Disease Control and Prevention, to support research and
programmatic efforts that will build on previous research on the
effects of adverse childhood experiences.
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 ``Improving Data
Collection for Adverse Childhood Experiences Act''.
(b) Findings.--Congress finds the following:
(1) Certain negative events, circumstances, or maltreatment
to which children may be exposed, known as adverse childhood
experiences, are associated with negative health outcomes.
(2) Childhood psychological, physical, or sexual abuse;
household challenges such as violence, substance use, mental
illness, separation or divorce, or incarceration of a family
member; and emotional or physical neglect have been shown to
negatively impact a person's long-term health and well-being.
(3) Adverse childhood experiences and associated conditions
such as living in under-resourced or racially segregated
neighborhoods, frequently moving, experiencing food insecurity,
and other instability can cause toxic stress, a prolonged
activation of the stress-response system.
(4) Experiencing one or more adverse childhood experiences
is associated with higher risks of some of the leading causes
of death and disability in the United States.
(5) More than half of all Americans have experienced one or
more adverse childhood experiences.
(6) The Centers for Disease Control and Prevention has
recognized adverse childhood experiences as a major public
health concern and made it a priority area for focus in the
National Center for Injury Prevention and Control at the
Centers for Disease Control and Prevention.
(7) Further research is needed to better define adverse
childhood experiences, understand the causal pathway between
adverse childhood experiences and physical health outcomes, and
identify protective factors against adverse childhood
experiences and their effects, in order to inform and improve
current programs and future efforts to promote public health.
(8) Evidence-based prevention and mitigation strategies to
address adverse childhood experiences have been identified, but
efforts are needed to facilitate implementation in communities.
SEC. 2. SUPPORTING RESEARCH ON ADVERSE CHILDHOOD EXPERIENCES.
Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended by inserting after section 393D (42 U.S.C.
280b-1f) the following:
``SEC. 393E. SUPPORTING RESEARCH ON PREVENTING OR REMEDIATING ADVERSE
CHILDHOOD EXPERIENCES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may, in cooperation
with the States, collect and report data on adverse childhood
experiences through the Behavioral Risk Factor Surveillance System, the
Youth Risk Behavior Surveillance System, or other relevant public
health surveys or questionnaires to contribute to a longitudinal study
that--
``(1) builds on previous literature, including the seminal
CDC-Kaiser Permanente Adverse Childhood Experiences (ACE)
Study, on the biology and neuroscience of childhood adversity
that establishes the links between adverse childhood
experiences and negative outcomes; and
``(2) focuses on elements not included in the study
referred to in paragraph (1), including--
``(A) the inclusion of a diverse nationally
representative sample of participants;
``(B) the strength of the relationship between
individual, specific adverse childhood experiences and
negative health outcomes;
``(C) the intensity and frequency of adverse
childhood experiences;
``(D) the relative strength of particular risk and
protective factors; and
``(E) the effect of social, economic, and community
conditions on health and well-being.
``(b) Technical Assistance.--The Secretary may, directly or through
awards of grants or contracts to public or nonprofit private entities,
provide technical assistance with respect to the collection and
reporting of data as described in subsection (a).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2027.''.
<all> | Improving Data Collection for Adverse Childhood Experiences Act | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. | Improving Data Collection for Adverse Childhood Experiences Act | Rep. McBath, Lucy | D | GA | This bill authorizes the Centers for Disease Control and Prevention (CDC) to collect data, in cooperation with states, through relevant public health surveillance systems or surveys for a longitudinal study on the links between adverse childhood experiences and negative outcomes. In addition, the CDC may provide, directly or through grants or other agreements with public or nonprofit entities, technical assistance related to this data collection. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (2) Childhood psychological, physical, or sexual abuse; household challenges such as violence, substance use, mental illness, separation or divorce, or incarceration of a family member; and emotional or physical neglect have been shown to negatively impact a person's long-term health and well-being. (3) Adverse childhood experiences and associated conditions such as living in under-resourced or racially segregated neighborhoods, frequently moving, experiencing food insecurity, and other instability can cause toxic stress, a prolonged activation of the stress-response system. (5) More than half of all Americans have experienced one or more adverse childhood experiences. (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. (8) Evidence-based prevention and mitigation strategies to address adverse childhood experiences have been identified, but efforts are needed to facilitate implementation in communities. SEC. 2. SUPPORTING RESEARCH ON ADVERSE CHILDHOOD EXPERIENCES. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393D (42 U.S.C. 280b-1f) the following: ``SEC. 393E. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, in cooperation with the States, collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or other relevant public health surveys or questionnaires to contribute to a longitudinal study that-- ``(1) builds on previous literature, including the seminal CDC-Kaiser Permanente Adverse Childhood Experiences (ACE) Study, on the biology and neuroscience of childhood adversity that establishes the links between adverse childhood experiences and negative outcomes; and ``(2) focuses on elements not included in the study referred to in paragraph (1), including-- ``(A) the inclusion of a diverse nationally representative sample of participants; ``(B) the strength of the relationship between individual, specific adverse childhood experiences and negative health outcomes; ``(C) the intensity and frequency of adverse childhood experiences; ``(D) the relative strength of particular risk and protective factors; and ``(E) the effect of social, economic, and community conditions on health and well-being. ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (3) Adverse childhood experiences and associated conditions such as living in under-resourced or racially segregated neighborhoods, frequently moving, experiencing food insecurity, and other instability can cause toxic stress, a prolonged activation of the stress-response system. (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. SEC. 2. SUPPORTING RESEARCH ON ADVERSE CHILDHOOD EXPERIENCES. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, in cooperation with the States, collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or other relevant public health surveys or questionnaires to contribute to a longitudinal study that-- ``(1) builds on previous literature, including the seminal CDC-Kaiser Permanente Adverse Childhood Experiences (ACE) Study, on the biology and neuroscience of childhood adversity that establishes the links between adverse childhood experiences and negative outcomes; and ``(2) focuses on elements not included in the study referred to in paragraph (1), including-- ``(A) the inclusion of a diverse nationally representative sample of participants; ``(B) the strength of the relationship between individual, specific adverse childhood experiences and negative health outcomes; ``(C) the intensity and frequency of adverse childhood experiences; ``(D) the relative strength of particular risk and protective factors; and ``(E) the effect of social, economic, and community conditions on health and well-being. ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. 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 ``Improving Data Collection for Adverse Childhood Experiences Act''. (b) Findings.--Congress finds the following: (1) Certain negative events, circumstances, or maltreatment to which children may be exposed, known as adverse childhood experiences, are associated with negative health outcomes. (2) Childhood psychological, physical, or sexual abuse; household challenges such as violence, substance use, mental illness, separation or divorce, or incarceration of a family member; and emotional or physical neglect have been shown to negatively impact a person's long-term health and well-being. (3) Adverse childhood experiences and associated conditions such as living in under-resourced or racially segregated neighborhoods, frequently moving, experiencing food insecurity, and other instability can cause toxic stress, a prolonged activation of the stress-response system. (4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. (5) More than half of all Americans have experienced one or more adverse childhood experiences. (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. (7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. (8) Evidence-based prevention and mitigation strategies to address adverse childhood experiences have been identified, but efforts are needed to facilitate implementation in communities. SEC. 2. SUPPORTING RESEARCH ON ADVERSE CHILDHOOD EXPERIENCES. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393D (42 U.S.C. 280b-1f) the following: ``SEC. 393E. SUPPORTING RESEARCH ON PREVENTING OR REMEDIATING ADVERSE CHILDHOOD EXPERIENCES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, in cooperation with the States, collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or other relevant public health surveys or questionnaires to contribute to a longitudinal study that-- ``(1) builds on previous literature, including the seminal CDC-Kaiser Permanente Adverse Childhood Experiences (ACE) Study, on the biology and neuroscience of childhood adversity that establishes the links between adverse childhood experiences and negative outcomes; and ``(2) focuses on elements not included in the study referred to in paragraph (1), including-- ``(A) the inclusion of a diverse nationally representative sample of participants; ``(B) the strength of the relationship between individual, specific adverse childhood experiences and negative health outcomes; ``(C) the intensity and frequency of adverse childhood experiences; ``(D) the relative strength of particular risk and protective factors; and ``(E) the effect of social, economic, and community conditions on health and well-being. ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. <all> | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. 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 ``Improving Data Collection for Adverse Childhood Experiences Act''. (b) Findings.--Congress finds the following: (1) Certain negative events, circumstances, or maltreatment to which children may be exposed, known as adverse childhood experiences, are associated with negative health outcomes. (2) Childhood psychological, physical, or sexual abuse; household challenges such as violence, substance use, mental illness, separation or divorce, or incarceration of a family member; and emotional or physical neglect have been shown to negatively impact a person's long-term health and well-being. (3) Adverse childhood experiences and associated conditions such as living in under-resourced or racially segregated neighborhoods, frequently moving, experiencing food insecurity, and other instability can cause toxic stress, a prolonged activation of the stress-response system. (4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. (5) More than half of all Americans have experienced one or more adverse childhood experiences. (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. (7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. (8) Evidence-based prevention and mitigation strategies to address adverse childhood experiences have been identified, but efforts are needed to facilitate implementation in communities. SEC. 2. SUPPORTING RESEARCH ON ADVERSE CHILDHOOD EXPERIENCES. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393D (42 U.S.C. 280b-1f) the following: ``SEC. 393E. SUPPORTING RESEARCH ON PREVENTING OR REMEDIATING ADVERSE CHILDHOOD EXPERIENCES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, in cooperation with the States, collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or other relevant public health surveys or questionnaires to contribute to a longitudinal study that-- ``(1) builds on previous literature, including the seminal CDC-Kaiser Permanente Adverse Childhood Experiences (ACE) Study, on the biology and neuroscience of childhood adversity that establishes the links between adverse childhood experiences and negative outcomes; and ``(2) focuses on elements not included in the study referred to in paragraph (1), including-- ``(A) the inclusion of a diverse nationally representative sample of participants; ``(B) the strength of the relationship between individual, specific adverse childhood experiences and negative health outcomes; ``(C) the intensity and frequency of adverse childhood experiences; ``(D) the relative strength of particular risk and protective factors; and ``(E) the effect of social, economic, and community conditions on health and well-being. ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. <all> | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. ( 7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. ( ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. a) Short Title.--This Act may be cited as the ``Improving Data Collection for Adverse Childhood Experiences Act''. ( 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. a) Short Title.--This Act may be cited as the ``Improving Data Collection for Adverse Childhood Experiences Act''. ( 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. ( 7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. ( ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. a) Short Title.--This Act may be cited as the ``Improving Data Collection for Adverse Childhood Experiences Act''. ( 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. ( 7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. ( ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. a) Short Title.--This Act may be cited as the ``Improving Data Collection for Adverse Childhood Experiences Act''. ( 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. ( 7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. ( ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. a) Short Title.--This Act may be cited as the ``Improving Data Collection for Adverse Childhood Experiences Act''. ( 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). | To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. 4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. ( (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. ( 7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. ( ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. | 647 |
425 | 12,676 | H.R.6101 | Health | Drug Price Transparency in Medicaid Act of 2021
This bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. The bill also extends funding for retail pharmacy surveys and requires additional information with respect to price concessions, dispensing fees, and survey participation to be made publicly available. | To amend title XIX of the Social Security Act to improve transparency
and prevent the use of abusive spread pricing and related practices in
the Medicaid program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Price Transparency in Medicaid
Act of 2021''.
SEC. 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD
PRICING AND RELATED PRACTICES IN MEDICAID.
(a) Pass-Through Pricing Required.--
(1) In general.--Section 1927(e) of the Social Security Act
(42 U.S.C. 1396r-8(e)) is amended by adding at the end the
following:
``(6) Pass-through pricing required.--A contract between
the State and a pharmacy benefit manager (referred to in this
paragraph as a `PBM'), or a contract between the State and a
managed care entity or other specified entity (as such terms
are defined in section 1903(m)(9)(D)) that includes provisions
making the entity responsible for coverage of covered
outpatient drugs dispensed to individuals enrolled with the
entity, shall require that payment for such drugs and related
administrative services (as applicable), including payments
made by a PBM on behalf of the State or entity, is based on a
pass-through pricing model under which--
``(A) any payment made by the entity or the PBM (as
applicable) for such a drug--
``(i) is limited to--
``(I) ingredient cost; and
``(II) a professional dispensing
fee that is not less than the
professional dispensing fee that the
State plan or waiver would pay if the
plan or waiver was making the payment
directly;
``(ii) is passed through in its entirety by
the entity or PBM to the pharmacy or provider
that dispenses the drug; and
``(iii) is made in a manner that is
consistent with section 1902(a)(30)(A) and
sections 447.512, 447.514, and 447.518 of title
42, Code of Federal Regulations (or any
successor regulation) as if such requirements
applied directly to the entity or the PBM,
except that any payment by the entity or the
PBM (as applicable) for the ingredient cost of
a covered outpatient drug dispensed by
providers and pharmacies referenced in clauses
(i) or (ii) of section 447.518(a)(1) of title
42, Code of Federal Regulations (or any
successor regulation) shall be the same as the
payment amount for the ingredient cost when
dispensed by providers and pharmacies not
referenced in such clauses, and in no case
shall payment for the ingredient cost of a
covered outpatient drug be based on the actual
acquisition cost of a drug dispensed by
providers and pharmacies referenced in such
clauses or take into account a drug's status as
a drug purchased at a discounted price by a
provider or pharmacy referenced in such
clauses;
``(B) payment to the entity or the PBM (as
applicable) for administrative services performed by
the entity or PBM is limited to a reasonable
administrative fee that covers the reasonable cost of
providing such services;
``(C) the entity or the PBM (as applicable) shall
make available to the State, and the Secretary upon
request, all costs and payments related to covered
outpatient drugs and accompanying administrative
services incurred, received, or made by the entity or
the PBM, including ingredient costs, professional
dispensing fees, administrative fees, post-sale and
post-invoice fees, discounts, or related adjustments
such as direct and indirect remuneration fees, and any
and all other remuneration; and
``(D) any form of spread pricing whereby any amount
charged or claimed by the entity or the PBM (as
applicable) is in excess of the amount paid to the
pharmacies on behalf of the entity, including any post-
sale or post-invoice fees, discounts, or related
adjustments such as direct and indirect remuneration
fees or assessments (after allowing for a reasonable
administrative fee as described in subparagraph (B)) is
not allowable for purposes of claiming Federal matching
payments under this title.
``(7) Protection against mandates relating to use of 340b
drugs.--
``(A) In general.--Notwithstanding any other
provision of law, no State, Medicaid managed care
organization (as defined in section 1903(m)(1)(A)), or
pharmacy benefit manager may prohibit a covered entity
under section 340B of the Public Health Service Act, or
a pharmacy under contract with a covered entity to
dispense drugs on behalf of the covered entity, from
dispensing covered outpatient drugs purchased under
such section to individuals receiving benefits under
this title and from receiving payment in accordance
with this section, or require that such covered entity
or pharmacy dispense covered outpatient drugs purchased
under section 340B to such individuals.
``(B) Notification.--The Secretary shall notify
States that States may not prohibit a provider under
this title that is a covered entity under section 340B
of the Public Health Services Act, or a pharmacy under
contract with a covered entity, from submitting claims
for reimbursement for drugs purchased under such
section that are dispensed to individuals receiving
benefits under this title and may not require such
provider to dispense covered outpatient drugs purchased
under such section to such individuals.''.
(2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of
such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended--
(A) by striking ``and (III)'' and inserting
``(III)'';
(B) by inserting before the period at the end the
following: ``, and (IV) pharmacy benefit management
services provided by the entity, or provided by a
pharmacy benefit manager on behalf of the entity under
a contract or other arrangement between the entity and
the pharmacy benefit manager, shall comply with the
requirements of section 1927(e)(6)''; and
(C) by moving the left margin 2 ems to the left.
(3) Effective date.--The amendments made by this subsection
apply to contracts between States and managed care entities,
other specified entities, or pharmacy benefits managers that
are entered into or renewed on or after the date that is 18
months after the date of enactment of this Act.
(b) Ensuring Accurate Payments to Pharmacies Under Medicaid.--
(1) In general.--Section 1927(f) of the Social Security Act
(42 U.S.C. 1396r-8(f)) is amended--
(A) by striking ``and'' after the semicolon at the
end of paragraph (1)(A)(i) and all that precedes it
through ``(1)'' and inserting the following:
``(1) Determining pharmacy actual acquisition costs.--The
Secretary shall conduct a survey of retail community pharmacy
drug prices to determine the national average drug acquisition
cost as follows:
``(A) Use of vendor.--The Secretary may contract
services for--
``(i) with respect to retail community
pharmacies, the determination of retail survey
prices of the national average drug acquisition
cost for covered outpatient drugs based on a
monthly survey of such pharmacies, net of all
discounts and rebates (to the extent any
information with respect to such discounts and
rebates is available); and'';
(B) by adding at the end of paragraph (1) the
following:
``(F) Survey reporting.--In order to meet the
requirement of section 1902(a)(54), a State shall
require that any retail community pharmacy in the State
that receives any payment, reimbursement,
administrative fee, discount, or rebate related to the
dispensing of covered outpatient drugs to individuals
receiving benefits under this title, regardless of
whether such payment, fee, discount, or rebate is
received from the State or a managed care entity
directly or from a pharmacy benefit manager or another
entity that has a contract with the State or a managed
care entity, shall respond to surveys of retail prices
conducted under this subsection.
``(G) Survey information.--Information on retail
community actual acquisition prices obtained under this
paragraph shall be made publicly available and shall
include at least the following:
``(i) The monthly response rate of the
survey including a list of pharmacies not in
compliance with subparagraph (F).
``(ii) The sampling frame and number of
pharmacies sampled monthly.
``(iii) Characteristics of reporting
pharmacies, including type (such as independent
or chain), geographic or regional location, and
dispensing volume.
``(iv) Reporting of a separate national
average drug acquisition cost for each drug for
independent retail pharmacies and chain
pharmacies.
``(v) Information on price concessions
including on and off invoice discounts,
rebates, and other price concessions to the
extent that such information is available
during the survey period.
``(vi) Information on average professional
dispensing fees paid.
``(H) Report on specialty pharmacies.--
``(i) In general.--Not later than 1 year
after the effective date of this subparagraph,
the Secretary shall submit a report to Congress
examining specialty drug coverage and
reimbursement under this title.
``(ii) Content of report.--Such report
shall include a description of how State
Medicaid programs define specialty drugs, how
much State Medicaid programs pay for specialty
drugs, how States and managed care plans
determine payment for specialty drugs, the
settings in which specialty drugs are dispensed
(such as retail community pharmacies or
specialty pharmacies), whether acquisition
costs for specialty drugs are captured in the
national average drug acquisition cost survey,
and recommendations as to whether specialty
pharmacies should be included in the survey of
retail prices to ensure national average drug
acquisition costs capture drugs sold at
specialty pharmacies and how such specialty
pharmacies should be defined.'';
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``,
including payments rates under Medicaid managed
care plans,'' after ``under this title''; and
(ii) in subparagraph (B), by inserting
``and the basis for such dispensing fees''
before the semicolon; and
(D) in paragraph (4), by inserting ``, and
$5,000,000 for fiscal year 2023 and each fiscal year
thereafter,'' after ``2010''.
(2) Effective date.--The amendments made by this subsection
take effect on the first day of the first quarter that begins
on or after the date that is 18 months after the date of
enactment of this Act.
<all> | Drug Price Transparency in Medicaid Act of 2021 | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. | Drug Price Transparency in Medicaid Act of 2021 | Rep. Carter, Earl L. "Buddy" | R | GA | This bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. The bill also extends funding for retail pharmacy surveys and requires additional information with respect to price concessions, dispensing fees, and survey participation to be made publicly available. | 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. 1396r-8(e)) is amended by adding at the end the following: ``(6) Pass-through pricing required.--A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a `PBM'), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which-- ``(A) any payment made by the entity or the PBM (as applicable) for such a drug-- ``(i) is limited to-- ``(I) ingredient cost; and ``(II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; ``(ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and ``(iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; ``(B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; ``(C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and ``(D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post- sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(ii) The sampling frame and number of pharmacies sampled monthly. ``(iii) Characteristics of reporting pharmacies, including type (such as independent or chain), geographic or regional location, and dispensing volume. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( | To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). | 1,638 |
426 | 2,193 | S.2064 | Energy | Clean Energy Victory Bond Act of 2021
This bill directs the Department of the Treasury to issue Clean Energy Victory Bonds for investment in clean energy projects at the federal, state, and local level. | To direct the Secretary of the Treasury to issue Clean Energy Victory
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 ``Clean Energy Victory Bond Act of
2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Potential exists for increasing clean and renewable
energy production and energy efficiency installation in the
United States.
(2) Other nations, including China and Germany, are ahead
of the United States in manufacturing and deploying various
clean energy technologies, even though many of these
technologies were invented in the United States.
(3) Climate change represents an existential threat to the
safety, security, and economy of the United States. Rapid and
robust deployment of clean energy will reduce greenhouse gas
emissions and mitigate the effects of climate change on
American society.
(4) Many segments of the American public want to take
charge of efforts to combat the effects of climate change and
practice responsible consumer behavior.
(5) The Office of Energy Efficiency and Renewable Energy of
the Department of Energy (referred to in this section as the
``EERE'') estimates that taxpayer investment of $12,000,000,000
into the EERE research and development portfolio has already
yielded an estimated net economic benefit to the United States
of more than $230,000,000,000, with an overall annual return on
investment of more than 20 percent.
(6) Investments in renewable energy and energy efficiency
projects in the United States create green jobs throughout the
Nation. New and innovative jobs could be created through
expanded government support for clean energy and energy
efficiency.
(7) As Americans choose energy efficiency and clean energy
and transportation, it reduces our dependence on foreign oil
and improves our energy security.
(8) Bonds are a low-cost method for encouraging clean
energy, as they do not require direct budget allocations or
expenditures. The projects supported through Clean Energy
Victory Bonds will create jobs and business revenues that will
increase Federal tax revenues, while simultaneously reducing
nationwide health and environmental costs incurred by the
Federal Government.
(9) Bonds are voluntary measures that allow Americans to
contribute financially in whatever amount is available to them.
(10) During World War II, over 80 percent of American
households purchased Victory Bonds to support the war effort,
raising over $185,000,000,000, or over $2,000,000,000,000 in
today's dollars.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Clean energy project.--The term ``clean energy
project'' means a technology that provides--
(A) performance-based energy efficiency
improvements; or
(B) clean energy improvements, including--
(i) electricity generated from solar, wind,
geothermal, small-scale hydropower, and
hydrokinetic energy sources;
(ii) fuel cells using non-fossil fuel
sources;
(iii) advanced storage technologies; and
(iv) electric vehicle infrastructure.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
SEC. 4. CLEAN ENERGY VICTORY BONDS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of Energy and the Secretary of Defense, shall issue bonds to
be known as ``Clean Energy Victory Bonds'', the proceeds from which
shall be used to carry out the purposes described in subsection (c) of
section 9512 of the Internal Revenue Code of 1986 (as added by section
5).
(b) Savings Bond.--Any Clean Energy Victory Bond issued under this
section shall be issued by the Secretary--
(1) as a savings bond of series EE, or as administered by
the Bureau of the Fiscal Service of the Department of the
Treasury, in a manner consistent with the provisions of section
3105 of title 31, United States Code; and
(2) in denominations of $25 and such other amounts as are
determined appropriate by the Secretary, and shall mature
within such periods as determined by the Secretary.
(c) Amount of Clean Energy Victory Bonds.--The aggregate face
amount of the Clean Energy Victory Bonds issued annually under this
section shall be not greater than $50,000,000,000.
(d) Interest.--Clean Energy Victory Bonds shall bear interest at
the rate the Secretary sets for Savings Bonds of Series EE and Series
I, plus a rate of return determined by the Secretary which is based on
the valuation of--
(1) savings achieved through reduced energy spending by the
Federal Government resulting from clean energy projects funded
from the proceeds of such bonds; and
(2) interest collected on loans financed or guaranteed from
the proceeds of such bonds.
(e) Full Faith and Credit.--Payment of interest and principal with
respect to any Clean Energy Victory Bond issued under this section
shall be made from the general fund of the Treasury of the United
States and shall be backed by the full faith and credit of the United
States.
(f) Promotion.--
(1) In general.--The Secretary shall take such actions,
independently and in conjunction with financial institutions
offering Clean Energy Victory Bonds, to promote the purchase of
Clean Energy Victory Bonds, including campaigns describing the
financial and social benefits of purchasing Clean Energy
Victory Bonds.
(2) Promotional activities.--For purposes of paragraph (1),
promotional activities may include advertisements, pamphlets,
or other promotional materials--
(A) in periodicals;
(B) on billboards and other outdoor venues;
(C) on television;
(D) on radio;
(E) on the internet;
(F) within financial institutions; or
(G) any other venues or outlets the Secretary may
identify.
SEC. 5. CLEAN ENERGY VICTORY BONDS TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. CLEAN ENERGY VICTORY BONDS TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Clean Energy
Victory Bonds Trust Fund', consisting of such amounts as may be
apportioned or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Trust Fund--
``(1) amounts equivalent to revenue from the issuance of
Clean Energy Victory Bonds under section 4 of the Clean Energy
Victory Bond Act of 2021, and
``(2) any gifts or bequests made to the Trust Fund which
are accepted by the Secretary for the benefit of such Fund or
any activity financed through such Fund.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, without further appropriation, to finance clean
energy projects (as defined in section 3 of the Clean Energy Victory
Bond Act of 2021) at the Federal, State, and local level, which may
include--
``(1) providing additional support to existing Federal
financing programs available to States for energy efficiency
upgrades and clean energy deployment,
``(2) providing funding for clean energy investments by all
Federal agencies,
``(3) providing funding for electric grid enhancements and
connections that enable clean energy deployment,
``(4) providing funding to renovate existing inefficient
buildings or building new energy efficient buildings,
``(5) providing tax incentives and tax credits for clean
energy technologies,
``(6) providing funding for new innovation research,
including ARPA-E, public competitions similar to those designed
by the X Prize Foundation, grants provided through the Office
of Energy Efficiency and Renewable Energy of the Department of
Energy, or other mechanisms to fund revolutionary clean energy
technology,
``(7) providing additional support to existing Federal,
State, and local grant programs that finance clean energy
projects, and
``(8) providing funding for zero-emission vehicle
infrastructure and manufacturing.
``(d) Project Priority.--
``(1) In general.--The Secretary shall ensure that not less
than 40 percent of the amounts expended under subsection (c) in
each year are expended for clean energy projects which are
located in and reduce energy rates in disadvantaged and
vulnerable communities.
``(2) Disadvantaged and vulnerable communities.--For
purposes of paragraph (1), the term `disadvantaged and
vulnerable communities' means communities--
``(A) which bear disproportionate burdens of
negative public health effects, environmental
pollution, or impacts of climate change,
``(B) have significant representation of people of
color, low-wealth individuals, or Tribal and Indigenous
members, or
``(C) which have a high concentration of low- and
moderate-income households as compared to other
communities,
as determined by the Secretary.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following
new item:
``Sec. 9512. Clean Energy Victory Bonds Trust Fund.''.
<all> | Clean Energy Victory Bond Act of 2021 | A bill to direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. | Clean Energy Victory Bond Act of 2021 | Sen. Merkley, Jeff | D | OR | This bill directs the Department of the Treasury to issue Clean Energy Victory Bonds for investment in clean energy projects at the federal, state, and local level. | SHORT TITLE. (3) Climate change represents an existential threat to the safety, security, and economy of the United States. (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. 4. CLEAN ENERGY VICTORY BONDS. (2) Promotional activities.--For purposes of paragraph (1), promotional activities may include advertisements, pamphlets, or other promotional materials-- (A) in periodicals; (B) on billboards and other outdoor venues; (C) on television; (D) on radio; (E) on the internet; (F) within financial institutions; or (G) any other venues or outlets the Secretary may identify. SEC. 5. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, without further appropriation, to finance clean energy projects (as defined in section 3 of the Clean Energy Victory Bond Act of 2021) at the Federal, State, and local level, which may include-- ``(1) providing additional support to existing Federal financing programs available to States for energy efficiency upgrades and clean energy deployment, ``(2) providing funding for clean energy investments by all Federal agencies, ``(3) providing funding for electric grid enhancements and connections that enable clean energy deployment, ``(4) providing funding to renovate existing inefficient buildings or building new energy efficient buildings, ``(5) providing tax incentives and tax credits for clean energy technologies, ``(6) providing funding for new innovation research, including ARPA-E, public competitions similar to those designed by the X Prize Foundation, grants provided through the Office of Energy Efficiency and Renewable Energy of the Department of Energy, or other mechanisms to fund revolutionary clean energy technology, ``(7) providing additional support to existing Federal, State, and local grant programs that finance clean energy projects, and ``(8) providing funding for zero-emission vehicle infrastructure and manufacturing. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. 9512. | (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. 4. CLEAN ENERGY VICTORY BONDS. SEC. 5. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, without further appropriation, to finance clean energy projects (as defined in section 3 of the Clean Energy Victory Bond Act of 2021) at the Federal, State, and local level, which may include-- ``(1) providing additional support to existing Federal financing programs available to States for energy efficiency upgrades and clean energy deployment, ``(2) providing funding for clean energy investments by all Federal agencies, ``(3) providing funding for electric grid enhancements and connections that enable clean energy deployment, ``(4) providing funding to renovate existing inefficient buildings or building new energy efficient buildings, ``(5) providing tax incentives and tax credits for clean energy technologies, ``(6) providing funding for new innovation research, including ARPA-E, public competitions similar to those designed by the X Prize Foundation, grants provided through the Office of Energy Efficiency and Renewable Energy of the Department of Energy, or other mechanisms to fund revolutionary clean energy technology, ``(7) providing additional support to existing Federal, State, and local grant programs that finance clean energy projects, and ``(8) providing funding for zero-emission vehicle infrastructure and manufacturing. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. 9512. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. FINDINGS. (3) Climate change represents an existential threat to the safety, security, and economy of the United States. (4) Many segments of the American public want to take charge of efforts to combat the effects of climate change and practice responsible consumer behavior. (8) Bonds are a low-cost method for encouraging clean energy, as they do not require direct budget allocations or expenditures. The projects supported through Clean Energy Victory Bonds will create jobs and business revenues that will increase Federal tax revenues, while simultaneously reducing nationwide health and environmental costs incurred by the Federal Government. (9) Bonds are voluntary measures that allow Americans to contribute financially in whatever amount is available to them. (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. 3. DEFINITIONS. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. 4. CLEAN ENERGY VICTORY BONDS. (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. (e) Full Faith and Credit.--Payment of interest and principal with respect to any Clean Energy Victory Bond issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (2) Promotional activities.--For purposes of paragraph (1), promotional activities may include advertisements, pamphlets, or other promotional materials-- (A) in periodicals; (B) on billboards and other outdoor venues; (C) on television; (D) on radio; (E) on the internet; (F) within financial institutions; or (G) any other venues or outlets the Secretary may identify. SEC. 5. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, without further appropriation, to finance clean energy projects (as defined in section 3 of the Clean Energy Victory Bond Act of 2021) at the Federal, State, and local level, which may include-- ``(1) providing additional support to existing Federal financing programs available to States for energy efficiency upgrades and clean energy deployment, ``(2) providing funding for clean energy investments by all Federal agencies, ``(3) providing funding for electric grid enhancements and connections that enable clean energy deployment, ``(4) providing funding to renovate existing inefficient buildings or building new energy efficient buildings, ``(5) providing tax incentives and tax credits for clean energy technologies, ``(6) providing funding for new innovation research, including ARPA-E, public competitions similar to those designed by the X Prize Foundation, grants provided through the Office of Energy Efficiency and Renewable Energy of the Department of Energy, or other mechanisms to fund revolutionary clean energy technology, ``(7) providing additional support to existing Federal, State, and local grant programs that finance clean energy projects, and ``(8) providing funding for zero-emission vehicle infrastructure and manufacturing. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. 9512. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. FINDINGS. Congress finds the following: (1) Potential exists for increasing clean and renewable energy production and energy efficiency installation in the United States. (2) Other nations, including China and Germany, are ahead of the United States in manufacturing and deploying various clean energy technologies, even though many of these technologies were invented in the United States. (3) Climate change represents an existential threat to the safety, security, and economy of the United States. Rapid and robust deployment of clean energy will reduce greenhouse gas emissions and mitigate the effects of climate change on American society. (4) Many segments of the American public want to take charge of efforts to combat the effects of climate change and practice responsible consumer behavior. (5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. (7) As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security. (8) Bonds are a low-cost method for encouraging clean energy, as they do not require direct budget allocations or expenditures. The projects supported through Clean Energy Victory Bonds will create jobs and business revenues that will increase Federal tax revenues, while simultaneously reducing nationwide health and environmental costs incurred by the Federal Government. (9) Bonds are voluntary measures that allow Americans to contribute financially in whatever amount is available to them. (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. 3. DEFINITIONS. For purposes of this Act: (1) Clean energy project.--The term ``clean energy project'' means a technology that provides-- (A) performance-based energy efficiency improvements; or (B) clean energy improvements, including-- (i) electricity generated from solar, wind, geothermal, small-scale hydropower, and hydrokinetic energy sources; (ii) fuel cells using non-fossil fuel sources; (iii) advanced storage technologies; and (iv) electric vehicle infrastructure. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. 4. CLEAN ENERGY VICTORY BONDS. (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. (e) Full Faith and Credit.--Payment of interest and principal with respect to any Clean Energy Victory Bond issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (2) Promotional activities.--For purposes of paragraph (1), promotional activities may include advertisements, pamphlets, or other promotional materials-- (A) in periodicals; (B) on billboards and other outdoor venues; (C) on television; (D) on radio; (E) on the internet; (F) within financial institutions; or (G) any other venues or outlets the Secretary may identify. SEC. 5. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, without further appropriation, to finance clean energy projects (as defined in section 3 of the Clean Energy Victory Bond Act of 2021) at the Federal, State, and local level, which may include-- ``(1) providing additional support to existing Federal financing programs available to States for energy efficiency upgrades and clean energy deployment, ``(2) providing funding for clean energy investments by all Federal agencies, ``(3) providing funding for electric grid enhancements and connections that enable clean energy deployment, ``(4) providing funding to renovate existing inefficient buildings or building new energy efficient buildings, ``(5) providing tax incentives and tax credits for clean energy technologies, ``(6) providing funding for new innovation research, including ARPA-E, public competitions similar to those designed by the X Prize Foundation, grants provided through the Office of Energy Efficiency and Renewable Energy of the Department of Energy, or other mechanisms to fund revolutionary clean energy technology, ``(7) providing additional support to existing Federal, State, and local grant programs that finance clean energy projects, and ``(8) providing funding for zero-emission vehicle infrastructure and manufacturing. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. 9512. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. (6) Investments in renewable energy and energy efficiency projects in the United States create green jobs throughout the Nation. 7) As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security. ( CLEAN ENERGY VICTORY BONDS. ( b) Savings Bond.--Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary-- (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( f) Promotion.-- (1) In general.--The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. ( (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 2) Other nations, including China and Germany, are ahead of the United States in manufacturing and deploying various clean energy technologies, even though many of these technologies were invented in the United States. ( 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. ( (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. b) Savings Bond.--Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary-- (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( f) Promotion.-- (1) In general.--The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. ( ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Trust Fund-- ``(1) amounts equivalent to revenue from the issuance of Clean Energy Victory Bonds under section 4 of the Clean Energy Victory Bond Act of 2021, and ``(2) any gifts or bequests made to the Trust Fund which are accepted by the Secretary for the benefit of such Fund or any activity financed through such Fund. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 2) Other nations, including China and Germany, are ahead of the United States in manufacturing and deploying various clean energy technologies, even though many of these technologies were invented in the United States. ( 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. ( (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. b) Savings Bond.--Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary-- (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( f) Promotion.-- (1) In general.--The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. ( ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Trust Fund-- ``(1) amounts equivalent to revenue from the issuance of Clean Energy Victory Bonds under section 4 of the Clean Energy Victory Bond Act of 2021, and ``(2) any gifts or bequests made to the Trust Fund which are accepted by the Secretary for the benefit of such Fund or any activity financed through such Fund. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. (6) Investments in renewable energy and energy efficiency projects in the United States create green jobs throughout the Nation. 7) As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security. ( CLEAN ENERGY VICTORY BONDS. ( b) Savings Bond.--Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary-- (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( f) Promotion.-- (1) In general.--The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. ( (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 2) Other nations, including China and Germany, are ahead of the United States in manufacturing and deploying various clean energy technologies, even though many of these technologies were invented in the United States. ( 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. ( (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. b) Savings Bond.--Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary-- (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( f) Promotion.-- (1) In general.--The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. ( ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Trust Fund-- ``(1) amounts equivalent to revenue from the issuance of Clean Energy Victory Bonds under section 4 of the Clean Energy Victory Bond Act of 2021, and ``(2) any gifts or bequests made to the Trust Fund which are accepted by the Secretary for the benefit of such Fund or any activity financed through such Fund. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. (6) Investments in renewable energy and energy efficiency projects in the United States create green jobs throughout the Nation. 7) As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security. ( CLEAN ENERGY VICTORY BONDS. ( b) Savings Bond.--Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary-- (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( f) Promotion.-- (1) In general.--The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. ( (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( ( ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Trust Fund-- ``(1) amounts equivalent to revenue from the issuance of Clean Energy Victory Bonds under section 4 of the Clean Energy Victory Bond Act of 2021, and ``(2) any gifts or bequests made to the Trust Fund which are accepted by the Secretary for the benefit of such Fund or any activity financed through such Fund. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. ( ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( ( ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Trust Fund-- ``(1) amounts equivalent to revenue from the issuance of Clean Energy Victory Bonds under section 4 of the Clean Energy Victory Bond Act of 2021, and ``(2) any gifts or bequests made to the Trust Fund which are accepted by the Secretary for the benefit of such Fund or any activity financed through such Fund. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( | To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. 5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. ( ( (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. ( ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. ( b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. | 1,418 |
428 | 3,983 | S.921 | Crime and Law Enforcement | Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act
This bill explicitly grants extraterritorial jurisdiction over the following criminal offenses:
The United States may prosecute such conduct that occurs outside the United States. | [117th Congress Public Law 59]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 1468]]
Public Law 117-59
117th Congress
An Act
To amend title 18, United States Code, to further protect officers and
employees of the United States, and for other purposes. <<NOTE: Nov. 18,
2021 - [S. 921]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Jaime Zapata and
Victor Avila Federal Officers and Employees Protection Act. 18 USC 1
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jaime Zapata and Victor Avila Federal
Officers and Employees Protection Act''.
SEC. 2. <<NOTE: 18 USC 1114 note.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) since the founding of the Nation, officers and employees
of the United States Government have dutifully and faithfully
served the United States overseas, including in situations that
place them at serious risk of death or bodily harm, in order to
preserve, protect, and defend the interests of the United
States;
(2) securing the safety of such officers and employees while
serving overseas is of paramount importance and is also in
furtherance of preserving, protecting, and defending the
interests of the United States;
(3) Federal courts, including the United States Court of
Appeals for the Second Circuit, the United States Court of
Appeals for the Ninth Circuit, and the United States Court of
Appeals for the Eleventh Circuit, have correctly interpreted
section 1114 of title 18, United States Code, to apply
extraterritorially to protect officers and employees of the
United States while the officers and employees are serving
abroad;
(4) in a case involving a violent attack against Federal law
enforcement officers Jaime Zapata and Victor Avila, a panel of a
Federal court of appeals held that section 1114 of title 18,
United States Code, does not apply extraterritorially, creating
a split among the United States circuit courts of appeals;
(5) in light of the opinion described in paragraph (4), it
has become necessary for Congress to clarify the original intent
that section 1114 of title 18, United States Code, applies
extraterritorially; and
(6) it is further appropriate to clarify the original intent
that sections 111 and 115 of title 18, United States Code, apply
extraterritorially as well.
[[Page 135 STAT. 1469]]
SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.
Part I of title 18, United States Code, is amended--
(1) in section 111, by adding at the end the following:
``(c) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over the conduct prohibited by this section.'';
(2) in section 115, by adding at the end the following:
``(e) There is extraterritorial jurisdiction over the conduct
prohibited by this section.''; and
(3) in section 1114--
(A) by inserting ``(a) In General.--'' before
``Whoever''; and
(B) by adding at the end the following:
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over the conduct prohibited by this section.''.
Approved November 18, 2021.
LEGISLATIVE HISTORY--S. 921:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 167 (2021):
May 28, considered and passed Senate.
Oct. 27, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
Nov. 18, Presidential remarks.
<all> | Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act | A bill to amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. | Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act
Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act
Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act
Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act | Sen. Cornyn, John | R | TX | This bill explicitly grants extraterritorial jurisdiction over the following criminal offenses: The United States may prosecute such conduct that occurs outside the United States. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1468]] Public Law 117-59 117th Congress An Act To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. 18 USC 1 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act''. SEC. 2. It is the sense of Congress that-- (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. 1469]] SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section. ''; and (3) in section 1114-- (A) by inserting ``(a) In General.--'' before ``Whoever''; and (B) by adding at the end the following: ``(b) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''. Approved November 18, 2021. LEGISLATIVE HISTORY--S. 921: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 28, considered and passed Senate. Oct. 27, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 18, Presidential remarks. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. 18 USC 1 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act''. SEC. 2. It is the sense of Congress that-- (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. ''; and (3) in section 1114-- (A) by inserting ``(a) In General.--'' before ``Whoever''; and (B) by adding at the end the following: ``(b) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''. LEGISLATIVE HISTORY--S. 921: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1468]] Public Law 117-59 117th Congress An Act To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. 18 USC 1 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act''. SEC. 2. <<NOTE: 18 USC 1114 note.>> SENSE OF CONGRESS. It is the sense of Congress that-- (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. [[Page 135 STAT. 1469]] SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''; (2) in section 115, by adding at the end the following: ``(e) There is extraterritorial jurisdiction over the conduct prohibited by this section.''; and (3) in section 1114-- (A) by inserting ``(a) In General.--'' before ``Whoever''; and (B) by adding at the end the following: ``(b) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''. Approved November 18, 2021. LEGISLATIVE HISTORY--S. 921: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 28, considered and passed Senate. Oct. 27, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 18, Presidential remarks. <all> | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1468]] Public Law 117-59 117th Congress An Act To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. 18 USC 1 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act''. SEC. 2. <<NOTE: 18 USC 1114 note.>> SENSE OF CONGRESS. It is the sense of Congress that-- (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. [[Page 135 STAT. 1469]] SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''; (2) in section 115, by adding at the end the following: ``(e) There is extraterritorial jurisdiction over the conduct prohibited by this section.''; and (3) in section 1114-- (A) by inserting ``(a) In General.--'' before ``Whoever''; and (B) by adding at the end the following: ``(b) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''. Approved November 18, 2021. LEGISLATIVE HISTORY--S. 921: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 28, considered and passed Senate. Oct. 27, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 18, Presidential remarks. <all> | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section. ''; ( Approved November 18, 2021. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section. ''; ( Approved November 18, 2021. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section. ''; ( Approved November 18, 2021. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section. ''; ( Approved November 18, 2021. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section. ''; ( Approved November 18, 2021. 167 (2021): May 28, considered and passed Senate. | [117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. 167 (2021): May 28, considered and passed Senate. | 528 |
432 | 7,089 | H.R.7391 | International Affairs | Accountability for Cryptocurrency in El Salvador Act or ACES Act
This bill requires the Department of State to devise and implement a plan to mitigate any potential risk to the U.S. financial system posed by the adoption of a cryptocurrency as legal tender in El Salvador and any other country that uses the U.S. dollar as legal tender. The State Department must report to Congress on this plan and on various issues relating to El Salvador's adoption of Bitcoin as legal tender. | To require reports on the adoption of a cryptocurrency as legal tender
in El Salvador, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability for Cryptocurrency in
El Salvador Act'' or ``ACES Act''.
SEC. 2. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL TENDER IN EL
SALVADOR.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
heads of other relevant Federal departments and agencies, shall submit
to the appropriate committees of Congress a report on the adoption by
the Government of El Salvador of a cryptocurrency as legal tender.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the process followed by the Government
of El Salvador to develop and enact the Bitcoin Law
(Legislative Decree No. 57, Official Record No. 110, Volume
431, enacted June 9, 2021), which provides the cryptocurrency,
Bitcoin, with legal tender status in El Salvador.
(2) An assessment of--
(A) the regulatory framework in El Salvador with
respect to the adoption of a cryptocurrency as legal
tender and the technical capacity of El Salvador to
effectively mitigate the financial integrity and cyber
security risks associated with virtual-asset
transactions;
(B) whether the regulatory framework in El Salvador
meets the requirements of the Financial Action Task
Force with respect to virtual-asset transactions;
(C) the impact on individuals and businesses of
requiring tender of Bitcoin; and
(D) the impact of such adoption of a cryptocurrency
on--
(i) the macroeconomic stability and public
finances of El Salvador, including taxation;
(ii) the rule of law and democratic
governance in El Salvador;
(iii) the unbanked population in El
Salvador;
(iv) the flow of remittances from the
United States to El Salvador;
(v) El Salvador's relations with
multilateral financial institutions, such as
the International Monetary Fund and the Word
Bank;
(vi) bilateral and international efforts to
combat transnational illicit activities;
(vii) El Salvador's bilateral economic and
commercial relationship with the United States
and the potential for reduced use by El
Salvador of the United States dollar; and
(viii) existing United States sanctions
frameworks and the potential for the use of
cryptocurrency to circumvent such sanctions.
(3) A description of the internet infrastructure of El
Salvador and an assessment of--
(A) the degree to which cryptocurrency is used in
El Salvador;
(B) matters relating to chain of custody and the
potential for hacking and cybertheft of cryptocurrency;
and
(C) access to transparent and affordable internet
and digital infrastructure among the unbanked
population of El Salvador.
(c) Plan To Mitigate Risks to United States Financial System Posed
by Adoption of Cryptocurrency as Legal Tender in Certain Countries.--
(1) In general.--Not later than 90 days after the submittal
of the report required by subsection (a), the Secretary of
State, in coordination with the heads of other relevant Federal
departments and agencies, shall submit to the appropriate
committees of Congress a plan to mitigate any potential risk to
the United States financial system posed by the adoption of a
cryptocurrency as legal tender in--
(A) El Salvador; and
(B) any other country that uses the United States
dollar as legal tender.
(2) Implementation.--Not later than 30 days after the date
on which the plan is submitted under paragraph (1), the
Secretary of State shall commence implementation of the plan.
(d) Subsequent Report.--Not later than 270 days after the submittal
of the report required by subsection (a), the Secretary of State, in
coordination with the heads of other relevant Federal departments and
agencies, shall submit to the appropriate committees of Congress an
updated version of such report, including a description of any
significant development related to the risks to the United States
financial system posed by the use of a cryptocurrency as legal tender
in El Salvador.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
<all> | ACES Act | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. | ACES Act
Accountability for Cryptocurrency in El Salvador Act | Rep. Torres, Norma J. | D | CA | This bill requires the Department of State to devise and implement a plan to mitigate any potential risk to the U.S. financial system posed by the adoption of a cryptocurrency as legal tender in El Salvador and any other country that uses the U.S. dollar as legal tender. The State Department must report to Congress on this plan and on various issues relating to El Salvador's adoption of Bitcoin as legal tender. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Cryptocurrency in El Salvador Act'' or ``ACES Act''. SEC. 2. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL TENDER IN EL SALVADOR. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of the process followed by the Government of El Salvador to develop and enact the Bitcoin Law (Legislative Decree No. 57, Official Record No. (2) An assessment of-- (A) the regulatory framework in El Salvador with respect to the adoption of a cryptocurrency as legal tender and the technical capacity of El Salvador to effectively mitigate the financial integrity and cyber security risks associated with virtual-asset transactions; (B) whether the regulatory framework in El Salvador meets the requirements of the Financial Action Task Force with respect to virtual-asset transactions; (C) the impact on individuals and businesses of requiring tender of Bitcoin; and (D) the impact of such adoption of a cryptocurrency on-- (i) the macroeconomic stability and public finances of El Salvador, including taxation; (ii) the rule of law and democratic governance in El Salvador; (iii) the unbanked population in El Salvador; (iv) the flow of remittances from the United States to El Salvador; (v) El Salvador's relations with multilateral financial institutions, such as the International Monetary Fund and the Word Bank; (vi) bilateral and international efforts to combat transnational illicit activities; (vii) El Salvador's bilateral economic and commercial relationship with the United States and the potential for reduced use by El Salvador of the United States dollar; and (viii) existing United States sanctions frameworks and the potential for the use of cryptocurrency to circumvent such sanctions. (c) Plan To Mitigate Risks to United States Financial System Posed by Adoption of Cryptocurrency as Legal Tender in Certain Countries.-- (1) In general.--Not later than 90 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a plan to mitigate any potential risk to the United States financial system posed by the adoption of a cryptocurrency as legal tender in-- (A) El Salvador; and (B) any other country that uses the United States dollar as legal tender. (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Cryptocurrency in El Salvador Act'' or ``ACES Act''. SEC. 2. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL TENDER IN EL SALVADOR. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of the process followed by the Government of El Salvador to develop and enact the Bitcoin Law (Legislative Decree No. 57, Official Record No. (c) Plan To Mitigate Risks to United States Financial System Posed by Adoption of Cryptocurrency as Legal Tender in Certain Countries.-- (1) In general.--Not later than 90 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a plan to mitigate any potential risk to the United States financial system posed by the adoption of a cryptocurrency as legal tender in-- (A) El Salvador; and (B) any other country that uses the United States dollar as legal tender. (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Cryptocurrency in El Salvador Act'' or ``ACES Act''. SEC. 2. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL TENDER IN EL SALVADOR. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of the process followed by the Government of El Salvador to develop and enact the Bitcoin Law (Legislative Decree No. 57, Official Record No. 110, Volume 431, enacted June 9, 2021), which provides the cryptocurrency, Bitcoin, with legal tender status in El Salvador. (2) An assessment of-- (A) the regulatory framework in El Salvador with respect to the adoption of a cryptocurrency as legal tender and the technical capacity of El Salvador to effectively mitigate the financial integrity and cyber security risks associated with virtual-asset transactions; (B) whether the regulatory framework in El Salvador meets the requirements of the Financial Action Task Force with respect to virtual-asset transactions; (C) the impact on individuals and businesses of requiring tender of Bitcoin; and (D) the impact of such adoption of a cryptocurrency on-- (i) the macroeconomic stability and public finances of El Salvador, including taxation; (ii) the rule of law and democratic governance in El Salvador; (iii) the unbanked population in El Salvador; (iv) the flow of remittances from the United States to El Salvador; (v) El Salvador's relations with multilateral financial institutions, such as the International Monetary Fund and the Word Bank; (vi) bilateral and international efforts to combat transnational illicit activities; (vii) El Salvador's bilateral economic and commercial relationship with the United States and the potential for reduced use by El Salvador of the United States dollar; and (viii) existing United States sanctions frameworks and the potential for the use of cryptocurrency to circumvent such sanctions. (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. (c) Plan To Mitigate Risks to United States Financial System Posed by Adoption of Cryptocurrency as Legal Tender in Certain Countries.-- (1) In general.--Not later than 90 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a plan to mitigate any potential risk to the United States financial system posed by the adoption of a cryptocurrency as legal tender in-- (A) El Salvador; and (B) any other country that uses the United States dollar as legal tender. (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. <all> | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Cryptocurrency in El Salvador Act'' or ``ACES Act''. SEC. 2. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL TENDER IN EL SALVADOR. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of the process followed by the Government of El Salvador to develop and enact the Bitcoin Law (Legislative Decree No. 57, Official Record No. 110, Volume 431, enacted June 9, 2021), which provides the cryptocurrency, Bitcoin, with legal tender status in El Salvador. (2) An assessment of-- (A) the regulatory framework in El Salvador with respect to the adoption of a cryptocurrency as legal tender and the technical capacity of El Salvador to effectively mitigate the financial integrity and cyber security risks associated with virtual-asset transactions; (B) whether the regulatory framework in El Salvador meets the requirements of the Financial Action Task Force with respect to virtual-asset transactions; (C) the impact on individuals and businesses of requiring tender of Bitcoin; and (D) the impact of such adoption of a cryptocurrency on-- (i) the macroeconomic stability and public finances of El Salvador, including taxation; (ii) the rule of law and democratic governance in El Salvador; (iii) the unbanked population in El Salvador; (iv) the flow of remittances from the United States to El Salvador; (v) El Salvador's relations with multilateral financial institutions, such as the International Monetary Fund and the Word Bank; (vi) bilateral and international efforts to combat transnational illicit activities; (vii) El Salvador's bilateral economic and commercial relationship with the United States and the potential for reduced use by El Salvador of the United States dollar; and (viii) existing United States sanctions frameworks and the potential for the use of cryptocurrency to circumvent such sanctions. (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. (c) Plan To Mitigate Risks to United States Financial System Posed by Adoption of Cryptocurrency as Legal Tender in Certain Countries.-- (1) In general.--Not later than 90 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a plan to mitigate any potential risk to the United States financial system posed by the adoption of a cryptocurrency as legal tender in-- (A) El Salvador; and (B) any other country that uses the United States dollar as legal tender. (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. <all> | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( 2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( 3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( 3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( 2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( 3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( 2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( 3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( 2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( 3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. ( (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. ( 2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. ( e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | 718 |
433 | 2,007 | S.1019 | Health | Baby Food Safety Act of 2021
This bill imposes certain safety requirements on infant and toddler food.
The bill establishes maximum levels of certain toxic elements (cadmium, and lead, mercury, and inorganic arsenic) allowable in infant and toddler food, defined as food intended to be sold for children up to 36 months old.
The Food and Drug Administration (FDA) shall periodically review and, if necessary, further lower these levels. The FDA may also establish limits on other toxic elements upon review of relevant health and dietary data.
Furthermore, facilities that manufacture, process, pack, or hold infant and toddler food must have certain controls and plans to ensure that their food complies with the limits on toxic elements established by this bill. Such facilities shall also make publicly available certain information, including results from tests for toxic elements in their infant and toddler foods.
The bill also expands the FDA's authority to require a recall of adulterated or misbranded food to include infant and toddler food that exceeds limits on toxic elements.
The Centers for Disease Control shall carry out a public awareness campaign about the risks of toxic elements in infant and toddler food.
The FDA shall commission research on agricultural methods that minimize levels of toxic heavy metals in crops. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence
of toxic elements in, and otherwise regulate, infant and toddler food,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baby Food Safety Act of 2021''.
SEC. 2. DEFINITION OF INFANT AND TODDLER FOOD.
Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321) is amended by adding at the end the following:
``(ss) The term `infant and toddler food' means food intended for
sale to children up to 36 months of age, including infant formula.''.
SEC. 3. INFANT AND TODDLER FOOD HAZARD ANALYSIS AND RISK-BASED
PREVENTIVE CONTROLS.
(a) Preventive Controls.--Section 418(c) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350g(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 ``; and''; and
(3) by adding at the end the following:
``(4) the infant and toddler foods manufactured, processed,
packed, or held by such facility will comply with the
performance standards and action levels for toxic elements in
infant and toddler foods required under section 104 of the FDA
Food Safety Modernization Act.''.
(b) Verification.--Paragraph (4) of section 418(f) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as
follows:
``(4) the preventive controls implemented under subsection
(c) are effectively and significantly minimizing or preventing
the occurrence of identified hazards, including through the use
of environmental and product testing programs and other
appropriate means, including representative testing by
manufacturers of infant and toddler foods that are finished
products; and''.
(c) Biannual Reporting.--Section 418(h) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350g(h)) is amended by adding at the end
the following: ``The owner, operator, or agent in charge of a facility
that manufactures infant and toddler foods shall make publicly
available on a web page a biannual report summarizing the results of
monitoring under subsection (d), and verification results under
subsection (f), with respect to such facility and infant and toddler
foods.''.
SEC. 4. INFANT AND TODDLER FOOD ACTION LEVELS.
(a) Performance Standard Guidance Documents and Regulations.--
Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C.
2201(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``reduce the risk of serious illness or death'' and inserting
``reduce the risk of serious illness, including neurological
impairment, or death''; and
(2) in paragraph (1), by inserting ``and toxic elements in
infant and toddler foods'' before the semicolon.
(b) Action Levels.--Section 104 of the FDA Food Safety
Modernization Act (21 U.S.C. 2201) is amended by adding at the end the
following:
``(e) Action Levels.--
``(1) In general.--Beginning not later than 1 year after
the date of enactment of the Baby Food Safety Act of 2021,
infant and toddler food is deemed to be adulterated if it meets
or exceeds the action level or regulatory limit that is
applicable with respect to such food under this subsection.
``(2) Initial levels.--The initial action levels under this
subsection are the following:
------------------------------------------------------------------------
``Toxic Element Action Level
------------------------------------------------------------------------
Inorganic arsenic............ 10 ppb for infant and toddler food
(except cereal) and 15 ppb for infant
and toddler food that is cereal
------------------------------------------------------------------------
Cadmium...................... 5 ppb for infant and toddler food (except
cereal) and 10 ppb for infant and
toddler food that is cereal
------------------------------------------------------------------------
Lead......................... 5 ppb for infant and toddler food (except
cereal) and 10 ppb for infant and
toddler food that is cereal
------------------------------------------------------------------------
Mercury...................... 2 ppb
------------------------------------------------------------------------
``(3) Interim action levels.--Not later than 2 years after
the date of enactment of the Baby Food Safety Act of 2021, the
Secretary shall--
``(A) review relevant health and dietary data; and
``(B) by guidance, lower the initial action levels
established by paragraph (2) to further minimize
exposure to toxic elements in infant and toddler food
to further reduce potential clinical or population-
level health effects as indicated by the Secretary's
review of relevant health and dietary data.
``(4) Final regulatory limits; periodic review.--The
Secretary shall--
``(A) not later than 3 years after the date of
enactment of the Baby Food Safety Act of 2021, by
regulation set regulatory limits lower than the action
levels established by paragraphs (2) and (3) to levels
protective of infant and toddler neurological
development, taking into account the most sensitive
testing available; and
``(B) every 5 years thereafter--
``(i) review the levels established under
this subsection to consider whether such levels
should be lowered further consistent with the
standard described in subparagraph (A); and
``(ii) if so, by regulation so lower such
levels.
``(5) Toxic elements.--The Secretary may by guidance or
regulation, as applicable, establish interim action levels and
regulatory limits for toxic elements in infant and toddler food
in addition to the toxic elements specified in the table in
paragraph (2) if determined by the Secretary to be appropriate
upon review of relevant health and dietary data.
``(6) Progress reports.--Not later than 1 year, 2 years,
and 3 years after the date of enactment of the Baby Food Safety
Act of 2021, the Secretary shall submit a report to the
Congress containing--
``(A) a summary of progress towards establishing
the required levels under this subsection;
``(B) an evaluation of the effectiveness of
preventive controls for infant and toddler food based
on monitoring results and verification results under
section 418 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 350g) compared to levels under this
subsection; and
``(C) an estimate of progress in reducing the
cumulative exposure of children to toxic elements in
infant and toddler food.''.
(c) Definition.--Section 104 of the FDA Food Safety Modernization
Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is
further amended by adding at the end the following:
``(f) Infant and Toddler Food Defined.--In this section, the term
`infant and toddler food' has the meaning given to such term in section
201(ss) of the Federal Food, Drug, and Cosmetic Act.''.
(d) Mandatory Recall Authority.--Section 423(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended--
(1) by striking ``(other than infant formula)''; and
(2) by inserting after ``animals,'' the following: ``or the
Secretary determines that an article of infant and toddler food
contains a toxic element that meets or exceeds the action level
applicable under subsection (e) of section 104 of the FDA Food
Safety Modernization Act,''.
(e) Public Awareness Campaign.--Section 1009 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 399) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) after executing the amendment made by paragraph (1), by
inserting after subsection (g) the following:
``(h) Baby Food Public Awareness Campaign.--The Secretary, acting
through the Director of the Centers for Disease Control, shall carry
out a public awareness campaign to highlight the risks posed by toxic
elements in infant and toddler food and make recommendations to the
public with respect to such toxic elements and food.''.
(f) Grants for Farming Research.--Section 401 of the FDA Food
Safety Modernization Act (Public Law 111-353; 124 Stat. 3967) is
amended by adding the end the following:
``(c) Grants for Farming Research.--
``(1) In general.--The Commissioner of Food and Drugs shall
commission the National Academy of Sciences (or, if the
National Academy declines, another appropriate entity) to
conduct research on agricultural methods of minimizing levels
of toxic heavy metals in crops.
``(2) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated
$50,000,000.''.
<all> | Baby Food Safety Act of 2021 | A bill to amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. | Baby Food Safety Act of 2021 | Sen. Klobuchar, Amy | D | MN | This bill imposes certain safety requirements on infant and toddler food. The bill establishes maximum levels of certain toxic elements (cadmium, and lead, mercury, and inorganic arsenic) allowable in infant and toddler food, defined as food intended to be sold for children up to 36 months old. The Food and Drug Administration (FDA) shall periodically review and, if necessary, further lower these levels. The FDA may also establish limits on other toxic elements upon review of relevant health and dietary data. Furthermore, facilities that manufacture, process, pack, or hold infant and toddler food must have certain controls and plans to ensure that their food complies with the limits on toxic elements established by this bill. Such facilities shall also make publicly available certain information, including results from tests for toxic elements in their infant and toddler foods. The bill also expands the FDA's authority to require a recall of adulterated or misbranded food to include infant and toddler food that exceeds limits on toxic elements. The Centers for Disease Control shall carry out a public awareness campaign about the risks of toxic elements in infant and toddler food. The FDA shall commission research on agricultural methods that minimize levels of toxic heavy metals in crops. | SHORT TITLE. 2. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `infant and toddler food' means food intended for sale to children up to 36 months of age, including infant formula.''. 3. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. 350g(h)) is amended by adding at the end the following: ``The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods.''. SEC. 4. INFANT AND TODDLER FOOD ACTION LEVELS. (a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. ``(2) Initial levels.--The initial action levels under this subsection are the following: ------------------------------------------------------------------------ ``Toxic Element Action Level ------------------------------------------------------------------------ Inorganic arsenic............ 10 ppb for infant and toddler food (except cereal) and 15 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Cadmium...................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Lead......................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Mercury...................... 2 ppb ------------------------------------------------------------------------ ``(3) Interim action levels.--Not later than 2 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall-- ``(A) review relevant health and dietary data; and ``(B) by guidance, lower the initial action levels established by paragraph (2) to further minimize exposure to toxic elements in infant and toddler food to further reduce potential clinical or population- level health effects as indicated by the Secretary's review of relevant health and dietary data. 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | 2. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `infant and toddler food' means food intended for sale to children up to 36 months of age, including infant formula.''. 3. SEC. 4. INFANT AND TODDLER FOOD ACTION LEVELS. (a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. ``(2) Initial levels.--The initial action levels under this subsection are the following: ------------------------------------------------------------------------ ``Toxic Element Action Level ------------------------------------------------------------------------ Inorganic arsenic............ 10 ppb for infant and toddler food (except cereal) and 15 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Cadmium...................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Lead......................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Mercury...................... 2 ppb ------------------------------------------------------------------------ ``(3) Interim action levels.--Not later than 2 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall-- ``(A) review relevant health and dietary data; and ``(B) by guidance, lower the initial action levels established by paragraph (2) to further minimize exposure to toxic elements in infant and toddler food to further reduce potential clinical or population- level health effects as indicated by the Secretary's review of relevant health and dietary data. 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baby Food Safety Act of 2021''. 2. DEFINITION OF INFANT AND TODDLER FOOD. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `infant and toddler food' means food intended for sale to children up to 36 months of age, including infant formula.''. 3. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. 350g(h)) is amended by adding at the end the following: ``The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods.''. SEC. 4. INFANT AND TODDLER FOOD ACTION LEVELS. (a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. 2201) is amended by adding at the end the following: ``(e) Action Levels.-- ``(1) In general.--Beginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection. ``(2) Initial levels.--The initial action levels under this subsection are the following: ------------------------------------------------------------------------ ``Toxic Element Action Level ------------------------------------------------------------------------ Inorganic arsenic............ 10 ppb for infant and toddler food (except cereal) and 15 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Cadmium...................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Lead......................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Mercury...................... 2 ppb ------------------------------------------------------------------------ ``(3) Interim action levels.--Not later than 2 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall-- ``(A) review relevant health and dietary data; and ``(B) by guidance, lower the initial action levels established by paragraph (2) to further minimize exposure to toxic elements in infant and toddler food to further reduce potential clinical or population- level health effects as indicated by the Secretary's review of relevant health and dietary data. 350g) compared to levels under this subsection; and ``(C) an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food.''. 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. (f) Grants for Farming Research.--Section 401 of the FDA Food Safety Modernization Act (Public Law 111-353; 124 Stat. 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. ``(2) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $50,000,000.''. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baby Food Safety Act of 2021''. 2. DEFINITION OF INFANT AND TODDLER FOOD. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `infant and toddler food' means food intended for sale to children up to 36 months of age, including infant formula.''. 3. INFANT AND TODDLER FOOD HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. (c) Biannual Reporting.--Section 418(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(h)) is amended by adding at the end the following: ``The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods.''. SEC. 4. INFANT AND TODDLER FOOD ACTION LEVELS. (a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. 2201) is amended by adding at the end the following: ``(e) Action Levels.-- ``(1) In general.--Beginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection. ``(2) Initial levels.--The initial action levels under this subsection are the following: ------------------------------------------------------------------------ ``Toxic Element Action Level ------------------------------------------------------------------------ Inorganic arsenic............ 10 ppb for infant and toddler food (except cereal) and 15 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Cadmium...................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Lead......................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Mercury...................... 2 ppb ------------------------------------------------------------------------ ``(3) Interim action levels.--Not later than 2 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall-- ``(A) review relevant health and dietary data; and ``(B) by guidance, lower the initial action levels established by paragraph (2) to further minimize exposure to toxic elements in infant and toddler food to further reduce potential clinical or population- level health effects as indicated by the Secretary's review of relevant health and dietary data. ``(4) Final regulatory limits; periodic review.--The Secretary shall-- ``(A) not later than 3 years after the date of enactment of the Baby Food Safety Act of 2021, by regulation set regulatory limits lower than the action levels established by paragraphs (2) and (3) to levels protective of infant and toddler neurological development, taking into account the most sensitive testing available; and ``(B) every 5 years thereafter-- ``(i) review the levels established under this subsection to consider whether such levels should be lowered further consistent with the standard described in subparagraph (A); and ``(ii) if so, by regulation so lower such levels. ``(6) Progress reports.--Not later than 1 year, 2 years, and 3 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall submit a report to the Congress containing-- ``(A) a summary of progress towards establishing the required levels under this subsection; ``(B) an evaluation of the effectiveness of preventive controls for infant and toddler food based on monitoring results and verification results under section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) compared to levels under this subsection; and ``(C) an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food.''. (d) Mandatory Recall Authority.--Section 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. (f) Grants for Farming Research.--Section 401 of the FDA Food Safety Modernization Act (Public Law 111-353; 124 Stat. 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. ``(2) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $50,000,000.''. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. a) Preventive Controls.--Section 418(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(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 ``; and''; and (3) by adding at the end the following: ``(4) the infant and toddler foods manufactured, processed, packed, or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section 104 of the FDA Food Safety Modernization Act.''. ( 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. ( 2201) is amended by adding at the end the following: ``(e) Action Levels.-- ``(1) In general.--Beginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection. ``(5) Toxic elements.--The Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data. ``(6) Progress reports.--Not later than 1 year, 2 years, and 3 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall submit a report to the Congress containing-- ``(A) a summary of progress towards establishing the required levels under this subsection; ``(B) an evaluation of the effectiveness of preventive controls for infant and toddler food based on monitoring results and verification results under section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) compared to levels under this subsection; and ``(C) an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food.''. ( c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. b) Verification.--Paragraph (4) of section 418(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( 350g(h)) is amended by adding at the end the following: ``The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods.''. a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. ( ``(5) Toxic elements.--The Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data. c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( d) Mandatory Recall Authority.--Section 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended-- (1) by striking ``(other than infant formula)''; and (2) by inserting after ``animals,'' the following: ``or the Secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection (e) of section 104 of the FDA Food Safety Modernization Act,''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. ``(2) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $50,000,000.''. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. b) Verification.--Paragraph (4) of section 418(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( 350g(h)) is amended by adding at the end the following: ``The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods.''. a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. ( ``(5) Toxic elements.--The Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data. c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( d) Mandatory Recall Authority.--Section 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended-- (1) by striking ``(other than infant formula)''; and (2) by inserting after ``animals,'' the following: ``or the Secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection (e) of section 104 of the FDA Food Safety Modernization Act,''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. ``(2) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $50,000,000.''. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. a) Preventive Controls.--Section 418(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(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 ``; and''; and (3) by adding at the end the following: ``(4) the infant and toddler foods manufactured, processed, packed, or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section 104 of the FDA Food Safety Modernization Act.''. ( 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. ( 2201) is amended by adding at the end the following: ``(e) Action Levels.-- ``(1) In general.--Beginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection. ``(5) Toxic elements.--The Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data. ``(6) Progress reports.--Not later than 1 year, 2 years, and 3 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall submit a report to the Congress containing-- ``(A) a summary of progress towards establishing the required levels under this subsection; ``(B) an evaluation of the effectiveness of preventive controls for infant and toddler food based on monitoring results and verification results under section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) compared to levels under this subsection; and ``(C) an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food.''. ( c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. b) Verification.--Paragraph (4) of section 418(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( 350g(h)) is amended by adding at the end the following: ``The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods.''. a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. ( ``(5) Toxic elements.--The Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data. c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( d) Mandatory Recall Authority.--Section 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended-- (1) by striking ``(other than infant formula)''; and (2) by inserting after ``animals,'' the following: ``or the Secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection (e) of section 104 of the FDA Food Safety Modernization Act,''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. ``(2) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $50,000,000.''. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. a) Preventive Controls.--Section 418(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(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 ``; and''; and (3) by adding at the end the following: ``(4) the infant and toddler foods manufactured, processed, packed, or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section 104 of the FDA Food Safety Modernization Act.''. ( 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. ( 2201) is amended by adding at the end the following: ``(e) Action Levels.-- ``(1) In general.--Beginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection. ``(5) Toxic elements.--The Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data. ``(6) Progress reports.--Not later than 1 year, 2 years, and 3 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall submit a report to the Congress containing-- ``(A) a summary of progress towards establishing the required levels under this subsection; ``(B) an evaluation of the effectiveness of preventive controls for infant and toddler food based on monitoring results and verification results under section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) compared to levels under this subsection; and ``(C) an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food.''. ( c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. b) Verification.--Paragraph (4) of section 418(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( ( d) Mandatory Recall Authority.--Section 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended-- (1) by striking ``(other than infant formula)''; and (2) by inserting after ``animals,'' the following: ``or the Secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection (e) of section 104 of the FDA Food Safety Modernization Act,''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. a) Preventive Controls.--Section 418(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(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 ``; and''; and (3) by adding at the end the following: ``(4) the infant and toddler foods manufactured, processed, packed, or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section 104 of the FDA Food Safety Modernization Act.''. ( 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. ( 2201) is amended by adding at the end the following: ``(e) Action Levels.-- ``(1) In general.--Beginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection. c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. b) Verification.--Paragraph (4) of section 418(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. ( ( d) Mandatory Recall Authority.--Section 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended-- (1) by striking ``(other than infant formula)''; and (2) by inserting after ``animals,'' the following: ``or the Secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection (e) of section 104 of the FDA Food Safety Modernization Act,''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. a) Preventive Controls.--Section 418(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(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 ``; and''; and (3) by adding at the end the following: ``(4) the infant and toddler foods manufactured, processed, packed, or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section 104 of the FDA Food Safety Modernization Act.''. ( c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. ( 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. | 1,318 |
435 | 15,108 | H.R.6222 | Immigration | Protecting Immigrants From Legal Exploitation Act of 2021
This bill establishes that certain acts of immigration-related fraud shall be punished by fines, imprisonment, or both.
The bill provides for such punishment for a person who knowingly or recklessly executes a scheme or artifice in a matter arising under immigration law to (1) defraud any person; or (2) obtain anything of value from any person through false pretenses, representations, or promises.
A person who knowingly and falsely represents that such person is an attorney or accredited representative in any matter arising under immigration law shall be subject to such punishment.
The Department of Justice (DOJ) may seek civil injunctions to stop an immigration service provider from further engaging in fraudulent conduct or willfully misrepresenting the provider's authority to provide representation in immigration matters.
An alien who left the United States based on erroneous advice from a person engaged in immigration practitioner fraud or the unauthorized practice of law shall not be barred from reentering the country.
An alien may withdraw an application for immigration benefits that was prepared or submitted by an individual engaging in immigration practitioner fraud or the unauthorized practice of law, if the alien had no prior knowledge of the individual's fraudulent or unauthorized status. The Department of Homeland Security (DHS), the Department of State, and DOJ shall develop procedures for allowing such an alien to submit corrected filings.
DHS and DOJ shall establish a program to provide grants to eligible nonprofit organizations to provide direct legal services to aliens. | To provide for punishments for immigration-related fraud, and for other
purposes.
Be it enacted by the Senate 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 Immigrants From Legal
Exploitation Act of 2021''.
SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Schemes to provide fraudulent immigration services
``(a) In General.--Any person who knowingly or recklessly executes
a scheme or artifice, in connection with any matter that is authorized
by or arises under any Federal immigration law or any matter the
offender claims or represents is authorized by or arises under any
Federal immigration law, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises,
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation)) in any
matter arising under any Federal immigration law shall be fined under
this title, imprisoned not more than 15 years, or both.
``(c) Reimbursement.--Any person convicted of offenses under this
section must fully reimburse the client for any services that person
fraudulently provided.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``1041. Schemes to provide fraudulent immigration services.''.
SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS.
(a) Regulations, Forms, and Procedures.--The Secretary of Homeland
Security and the Attorney General, for matters within their respective
jurisdictions arising under the immigration laws, shall promulgate
appropriate regulations, forms, and procedures defining the
circumstances in which--
(1) persons submitting applications, petitions, motions, or
other written materials relating to immigration benefits or
relief from removal under the immigration laws will be required
to identify who (other than immediate family members) assisted
them in preparing or translating the immigration submissions;
and
(2) any person or persons who received compensation (other
than a normal fee for copying, mailing, or similar services) in
connection with the preparation, completion, or submission of
such materials will be required to sign the form as a preparer
and provide identifying information.
(b) Civil Injunctions Against Immigration Service Provider.--The
Attorney General may commence a civil action in the name of the United
States to enjoin any immigration service provider from further engaging
in any fraudulent conduct that substantially interferes with the proper
administration of the immigration laws or who willfully misrepresents
such provider's legal authority to provide representation before the
Department of Justice and the Department of Homeland Security.
(c) Definitions.--In this section:
(1) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(2) Immigration service provider.--The term ``immigration
service provider'' means any individual or entity (other than
an attorney or individual otherwise authorized to provide
representation in immigration proceedings as provided in
Federal regulation) who, for a fee or other compensation,
provides any assistance or representation to aliens in relation
to any filing or proceeding relating to the alien which arises,
or which the provider claims to arise, under the immigration
laws, Executive order, or Presidential proclamation.
SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD.
(a) In General.--An alien may withdraw, without prejudice, an
application or other submission for immigration status or other
immigration benefit if the alien submits information indicating the
application or submission was prepared or submitted by an individual
engaged in the unauthorized practice of law or immigration practitioner
fraud and attests that the alien had no prior knowledge the application
or submission was prepared or submitted by an individual engaged in the
unauthorized practice of law or immigration practitioner fraud.
(b) Corrected Filings.--The Secretary of Homeland Security, the
Secretary of State, and the Attorney General shall develop a procedure
for submitting corrected applications or other submissions withdrawn
under paragraph (1). The Secretary of Homeland Security, the Secretary
of State, and the Attorney General shall permit corrected applications
or other submissions to be resubmitted notwithstanding the numerical
and time limitations on the filing of the applications or other
submissions covered by this Act.
(c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as
amended by section 2315(a), is further amended by adding at the end the
following:
``(VII) Immigration practitioner
fraud.--Clause (i) shall not apply to
an alien if he can prove by a
preponderance of the evidence that he
departed the United States based on the
erroneous advice of an individual
engaged in the unauthorized practice of
law or immigration practitioner
fraud.''.
(d) Regulations Implementing Contempt Authority of Immigration
Judges.--Not later than 180 days after the date of enactment of this
Act, the Attorney General shall promulgate regulations implementing the
contempt authority for immigration judges provided by section 240(b)(1)
of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)). Such
regulations shall provide that any civil contempt sanctions including
any monetary penalty may be applicable to all parties appearing before
the immigration judge.
SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES.
(a) Authority To Conduct.--The Secretary of Homeland Security and
the Attorney General, acting through the Director of the Office for
Immigration Review, shall carry out a program to educate aliens
regarding who may provide legal services and representation to aliens
in immigration proceedings through cost-effective outreach to immigrant
communities.
(b) Purpose.--The purpose of the program authorized under
subsection (a) is to prevent aliens from being subjected to fraud by
individuals who are not authorized to provide legal services or
representation to aliens.
(c) Availability.--The Attorney General shall, to the extent
practicable, make publicly available information regarding fraud by
immigration consultants, visa consultants, and other individuals who
are not authorized to provide legal services or representation to
aliens available--
(1) at appropriate offices that provide services or
information to aliens; and
(2) through websites that are--
(A) maintained by the Attorney General; and
(B) intended to provide information regarding
immigration matters to aliens.
(d) Foreign Language Materials.--Any educational materials used to
carry out the program authorized under subsection (a) shall, to the
extent practicable, be made available to immigrant communities in
appropriate languages, including English and Spanish.
(e) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary and the Attorney General shall
establish, within the U.S. Citizenship and Immigration Services and the
Executive Office for Immigration Review, respectively, programs to
award grants, on a competitive basis, to eligible nonprofit
organizations to provide direct legal services to aliens as described
in subsection (c).
(b) Eligible Nonprofit Organization.--The term ``eligible nonprofit
organization'' means a nonprofit, tax-exempt organization whose staff
has demonstrated qualifications, experience, and expertise in providing
quality services to immigrants, refugees, persons granted asylum, or
persons applying for such statuses.
(c) Use of Funds.--Grant funds awarded under this section shall be
used for the design and implementation of programs to provide direct
assistance, within the scope of authorized practice of law, to aliens
in removal proceedings and to aliens completing applications and
petitions, including providing assistance in obtaining necessary
documents and supporting evidence.
(d) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
<all> | Protecting Immigrants From Legal Exploitation Act of 2021 | To provide for punishments for immigration-related fraud, and for other purposes. | Protecting Immigrants From Legal Exploitation Act of 2021 | Rep. Foster, Bill | D | IL | This bill establishes that certain acts of immigration-related fraud shall be punished by fines, imprisonment, or both. The bill provides for such punishment for a person who knowingly or recklessly executes a scheme or artifice in a matter arising under immigration law to (1) defraud any person; or (2) obtain anything of value from any person through false pretenses, representations, or promises. A person who knowingly and falsely represents that such person is an attorney or accredited representative in any matter arising under immigration law shall be subject to such punishment. The Department of Justice (DOJ) may seek civil injunctions to stop an immigration service provider from further engaging in fraudulent conduct or willfully misrepresenting the provider's authority to provide representation in immigration matters. An alien who left the United States based on erroneous advice from a person engaged in immigration practitioner fraud or the unauthorized practice of law shall not be barred from reentering the country. An alien may withdraw an application for immigration benefits that was prepared or submitted by an individual engaging in immigration practitioner fraud or the unauthorized practice of law, if the alien had no prior knowledge of the individual's fraudulent or unauthorized status. The Department of Homeland Security (DHS), the Department of State, and DOJ shall develop procedures for allowing such an alien to submit corrected filings. DHS and DOJ shall establish a program to provide grants to eligible nonprofit organizations to provide direct legal services to aliens. | SHORT TITLE. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. 3. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. 5. OUTREACH TO IMMIGRANT COMMUNITIES. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. | SHORT TITLE. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. OUTREACH TO IMMIGRANT COMMUNITIES. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. SEC. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. 3. COMBATING SCHEMES TO DEFRAUD ALIENS. (a) Regulations, Forms, and Procedures.--The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws, shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which-- (1) persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) any person or persons who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. 5. OUTREACH TO IMMIGRANT COMMUNITIES. (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. | To provide for punishments for immigration-related fraud, and for other purposes. Be it enacted by the Senate 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 Immigrants From Legal Exploitation Act of 2021''. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. 3. COMBATING SCHEMES TO DEFRAUD ALIENS. (a) Regulations, Forms, and Procedures.--The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws, shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which-- (1) persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) any person or persons who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. (c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. 5. OUTREACH TO IMMIGRANT COMMUNITIES. (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. ( b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( b) Corrected Filings.--The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. ( (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). ( c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. ( c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. ( (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ( | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. ( c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. ( (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ( | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. ( b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( b) Corrected Filings.--The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. ( (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). ( c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. ( c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. ( (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ( | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. ( b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( b) Corrected Filings.--The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. ( (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). ( c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( | To provide for punishments for immigration-related fraud, and for other purposes. c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( ( Citizenship and Immigration Services and the Executive Office for Immigration Review, respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). ( c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( | To provide for punishments for immigration-related fraud, and for other purposes. c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. ( c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( | To provide for punishments for immigration-related fraud, and for other purposes. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. ( c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. ( ( Citizenship and Immigration Services and the Executive Office for Immigration Review, respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). ( c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. ( | 1,352 |
436 | 4,329 | S.3241 | Law | Homeland and Cyber Threat Act or the HACT Act
This bill allows claims in federal or state court against foreign states that conduct or participate in cyberattacks against U.S. nationals. | To amend title 28, United States Code, to allow claims against foreign
states for unlawful computer intrusion, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland And Cyber Threat Act'' or
the ``HACT Act''.
SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605B the following:
``Sec. 1605C. Computer intrusions by a foreign state
``A foreign state shall not be immune from the jurisdiction of the
courts of the United States or of the States in any case not otherwise
covered by this chapter in which money damages are sought against a
foreign state by a national of the United States for personal injury,
harm to reputation, or damage to or loss of property resulting from any
of the following activities, whether occurring in the United States or
a foreign state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information, code, or
command to a computer located in the United States, which, as a
result of such conduct, causes damage without authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any activity
described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources for
any activity described in paragraph (1), (2), (3), or (4),
including by an official, employee, or agent of such foreign
state.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 97 of title 28, United States Code, is amended by inserting
after the item relating to section 1605B the following:
``1605C. Computer intrusions by a foreign state.''.
(c) Application.--This Act and the amendments made by this Act
shall apply to any action pending on or filed on or after the date of
the enactment of this Act.
<all> | HACT Act | A bill to amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. | HACT Act
Homeland And Cyber Threat Act | Sen. Kennedy, John | R | LA | This bill allows claims in federal or state court against foreign states that conduct or participate in cyberattacks against U.S. nationals. | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland And Cyber Threat Act'' or the ``HACT Act''. SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: ``Sec. 1605C. Computer intrusions by a foreign state ``A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state: ``(1) Unauthorized access to or access exceeding authorization to a computer located in the United States. ``(2) Unauthorized access to confidential, electronic stored information located in the United States. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. (c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. <all> | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland And Cyber Threat Act'' or the ``HACT Act''. SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: ``Sec. 1605C. Computer intrusions by a foreign state ``A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state: ``(1) Unauthorized access to or access exceeding authorization to a computer located in the United States. ``(2) Unauthorized access to confidential, electronic stored information located in the United States. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. (c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. <all> | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland And Cyber Threat Act'' or the ``HACT Act''. SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: ``Sec. 1605C. Computer intrusions by a foreign state ``A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state: ``(1) Unauthorized access to or access exceeding authorization to a computer located in the United States. ``(2) Unauthorized access to confidential, electronic stored information located in the United States. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. (c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. <all> | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland And Cyber Threat Act'' or the ``HACT Act''. SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: ``Sec. 1605C. Computer intrusions by a foreign state ``A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state: ``(1) Unauthorized access to or access exceeding authorization to a computer located in the United States. ``(2) Unauthorized access to confidential, electronic stored information located in the United States. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. (c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. <all> | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. ( | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. ( c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. ( c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. ( | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. ( c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. ( | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. ( c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. ( | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. ( c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. | To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. ( | 353 |
438 | 10,300 | H.R.1780 | Finance and Financial Sector | Paris Climate Agreement Disclosure Act
This bill requires an issuer of securities to annually disclose information related to its greenhouse gas emissions, including whether the issuer has set emissions targets to comply with the goals of the Paris Climate Agreement and actions the issuer has taken or plans to take to achieve such targets. | To amend the Securities Exchange Act of 1934 to require disclosures
related to the Paris Climate Agreement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paris Climate Agreement Disclosure
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 197 parties, including the United States, are parties
to the United Nations Framework Convention on Climate Change
(UNFCCC), the principal framework to stabilize greenhouse gas
concentrations at a level that would prevent dangerous human-
induced interference with the climate system.
(2) On December 12, 2015, parties of the UNFCCC adopted the
Paris Agreement, the first comprehensive agreement among all
nations to keep global warming below 2 degrees Celsius.
(3) The Paris Agreement aims to strengthen the global
response to the threat of climate change by holding the
increase in the global average temperature to well below 2
degrees Celsius above pre-industrial levels and to pursue
efforts to limit the temperature increase to 1.5 degrees
Celsius above pre-industrial levels, recognizing that this
would significantly reduce the risks and impacts of climate
change.
(4) The ``Special Report on Global Warming of 1.5 C'' by
the Intergovernmental Panel on Climate Change found that at 1.5
degrees Celsius warming, climate-related risks to human health,
livelihoods, food security, human security, water supply, and
economic growth will all increase, and will increase even more
at 2 degrees Celsius warming.
(5) In 2017, the World Economic Forum issued the Compact
for Responsive and Responsible Leadership with 140 CEOs
pledging to align their corporate values and strategies with
the United Nation's Sustainable Development Goals.
(6) In September 2020, the World Economic Forum and its
International Business Council released Stakeholder Capitalism
Metrics--a set of environmental, social and governance metrics
and disclosures which measure the long-term enterprise value
creation for all stakeholders.
(7) The September 2020 World Economic Forum report
recognizes that there is an emerging consensus among companies
that long-term value is most effectively created by serving the
interests of all stakeholders.
(8) On January 26, 2021, 61 CEOs of some of the world's
largest companies publicly endorsed the Stakeholder Capitalism
Metrics.
(9) One of the core metrics and disclosures defined in the
Stakeholder Capitalism Metrics is for companies to disclose
whether they have set, or have committed to set, greenhouse gas
emissions targets that are in line with the goals of the Paris
Agreement.
SEC. 3. DISCLOSURES RELATED TO GREENHOUSE GAS EMISSIONS.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following:
``(s) Disclosures Related to the Paris Climate Agreement.--
``(1) In general.--Each issuer required to file an annual
report under subsection (a) shall include in such report the
following:
``(A) Whether the issuer has set, or has committed
to achieve, targets that are a balance between
greenhouse gas emissions and removals, at a pace
consistent with limiting global warming to well below 2
degrees Celsius and pursuing efforts to limit it to 1.5
degrees Celsius.
``(B) If the issuer is committed to setting such
greenhouse gas emission targets in the future, but not
at the present--
``(i) by which year the issuer plans to
commit to such greenhouse gas emission targets;
and
``(ii) a detailed explanation for such
position.
``(C) Actions and steps the issuer has taken over
the preceding year to achieve such greenhouse gas
emission targets.
``(D) Actions and steps the issuer plans to pursue
in the forthcoming year to achieve such greenhouse gas
emission targets.
``(E) If the issuer has not set, and does not plan
on committing to set, such greenhouse gas emission
targets--
``(i) a statement to that effect; and
``(ii) a detailed explanation of--
``(I) why the issuer is not
planning on pursuing such greenhouse
gas emission targets; and
``(II) whether the issuer supports
the temperature goals outlined in
subparagraph (A) of this section.
``(2) Definitions.--In this subsection:
``(A) Greenhouse gas.--The term `greenhouse gas'
means carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, sulfur hexafluoride,
nitrogen, triflouride, and chlorofluorocarbons.
``(B) Greenhouse gas emissions.--The term
`greenhouse gas emissions' means the emissions of
greenhouse gases expressed in terms of metric tons of
carbon dioxide equivalent.
``(C) Paris climate agreement.--The term `Paris
Climate Agreement' means the international agreement
adopted by 196 parties, including the United States, at
the 21st Conference of Parties to the United Nations
Framework Convention on Climate Change in Paris, France
on December 12, 2015.
``(D) Temperature goals of the paris climate
agreement.--The term `temperature goals of the Paris
Climate Agreement' means--
``(i) a collective, long-term objective to
hold the greenhouse gas emissions-induced
increase in temperature to well below 2 degree
Celsius;
``(ii) a goal to pursue efforts to limit
the temperature increase to 1.5 degrees Celsius
above the pre-industrial level;
``(iii) a goal to achieve net-zero
emissions before 2050.
``(E) Removals.--The term `removals' means
anthropogenic removals from the atmosphere by any
process, activity or mechanism of greenhouse gas, an
aerosol or a precursor of a greenhouse gas from the
atmosphere.''.
(b) Rulemaking.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Securities and
Exchange Commission shall issue final rules to carry out the amendment
made by subsection (a).
(c) Effective Date.--Section 13(s) of the Securities Exchange Act
of 1934, as added by subsection (a), shall take effect on the effective
date of the rules issued pursuant to subsection (b).
<all> | Paris Climate Agreement Disclosure Act | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. | Paris Climate Agreement Disclosure Act | Rep. Velazquez, Nydia M. | D | NY | This bill requires an issuer of securities to annually disclose information related to its greenhouse gas emissions, including whether the issuer has set emissions targets to comply with the goals of the Paris Climate Agreement and actions the issuer has taken or plans to take to achieve such 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 ``Paris Climate Agreement Disclosure Act''. 2. FINDINGS. Congress finds the following: (1) 197 parties, including the United States, are parties to the United Nations Framework Convention on Climate Change (UNFCCC), the principal framework to stabilize greenhouse gas concentrations at a level that would prevent dangerous human- induced interference with the climate system. (2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. (5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. (7) The September 2020 World Economic Forum report recognizes that there is an emerging consensus among companies that long-term value is most effectively created by serving the interests of all stakeholders. (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. SEC. 3. DISCLOSURES RELATED TO GREENHOUSE GAS EMISSIONS. ``(C) Actions and steps the issuer has taken over the preceding year to achieve such greenhouse gas emission targets. ``(E) If the issuer has not set, and does not plan on committing to set, such greenhouse gas emission targets-- ``(i) a statement to that effect; and ``(ii) a detailed explanation of-- ``(I) why the issuer is not planning on pursuing such greenhouse gas emission targets; and ``(II) whether the issuer supports the temperature goals outlined in subparagraph (A) of this section. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. ``(E) Removals.--The term `removals' means anthropogenic removals from the atmosphere by any process, activity or mechanism of greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.''. (b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). | SHORT TITLE. This Act may be cited as the ``Paris Climate Agreement Disclosure Act''. 2. FINDINGS. Congress finds the following: (1) 197 parties, including the United States, are parties to the United Nations Framework Convention on Climate Change (UNFCCC), the principal framework to stabilize greenhouse gas concentrations at a level that would prevent dangerous human- induced interference with the climate system. (2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. (7) The September 2020 World Economic Forum report recognizes that there is an emerging consensus among companies that long-term value is most effectively created by serving the interests of all stakeholders. (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. SEC. 3. DISCLOSURES RELATED TO GREENHOUSE GAS EMISSIONS. ``(C) Actions and steps the issuer has taken over the preceding year to achieve such greenhouse gas emission targets. ``(E) If the issuer has not set, and does not plan on committing to set, such greenhouse gas emission targets-- ``(i) a statement to that effect; and ``(ii) a detailed explanation of-- ``(I) why the issuer is not planning on pursuing such greenhouse gas emission targets; and ``(II) whether the issuer supports the temperature goals outlined in subparagraph (A) of this section. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. ``(E) Removals.--The term `removals' means anthropogenic removals from the atmosphere by any process, activity or mechanism of greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.''. (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paris Climate Agreement Disclosure Act''. 2. FINDINGS. Congress finds the following: (1) 197 parties, including the United States, are parties to the United Nations Framework Convention on Climate Change (UNFCCC), the principal framework to stabilize greenhouse gas concentrations at a level that would prevent dangerous human- induced interference with the climate system. (2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. (3) The Paris Agreement aims to strengthen the global response to the threat of climate change by holding the increase in the global average temperature to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change. (4) The ``Special Report on Global Warming of 1.5 C'' by the Intergovernmental Panel on Climate Change found that at 1.5 degrees Celsius warming, climate-related risks to human health, livelihoods, food security, human security, water supply, and economic growth will all increase, and will increase even more at 2 degrees Celsius warming. (5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. (6) In September 2020, the World Economic Forum and its International Business Council released Stakeholder Capitalism Metrics--a set of environmental, social and governance metrics and disclosures which measure the long-term enterprise value creation for all stakeholders. (7) The September 2020 World Economic Forum report recognizes that there is an emerging consensus among companies that long-term value is most effectively created by serving the interests of all stakeholders. (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. (9) One of the core metrics and disclosures defined in the Stakeholder Capitalism Metrics is for companies to disclose whether they have set, or have committed to set, greenhouse gas emissions targets that are in line with the goals of the Paris Agreement. SEC. 3. DISCLOSURES RELATED TO GREENHOUSE GAS EMISSIONS. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. ``(C) Actions and steps the issuer has taken over the preceding year to achieve such greenhouse gas emission targets. ``(E) If the issuer has not set, and does not plan on committing to set, such greenhouse gas emission targets-- ``(i) a statement to that effect; and ``(ii) a detailed explanation of-- ``(I) why the issuer is not planning on pursuing such greenhouse gas emission targets; and ``(II) whether the issuer supports the temperature goals outlined in subparagraph (A) of this section. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. ``(E) Removals.--The term `removals' means anthropogenic removals from the atmosphere by any process, activity or mechanism of greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.''. (b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paris Climate Agreement Disclosure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) 197 parties, including the United States, are parties to the United Nations Framework Convention on Climate Change (UNFCCC), the principal framework to stabilize greenhouse gas concentrations at a level that would prevent dangerous human- induced interference with the climate system. (2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. (3) The Paris Agreement aims to strengthen the global response to the threat of climate change by holding the increase in the global average temperature to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change. (4) The ``Special Report on Global Warming of 1.5 C'' by the Intergovernmental Panel on Climate Change found that at 1.5 degrees Celsius warming, climate-related risks to human health, livelihoods, food security, human security, water supply, and economic growth will all increase, and will increase even more at 2 degrees Celsius warming. (5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. (6) In September 2020, the World Economic Forum and its International Business Council released Stakeholder Capitalism Metrics--a set of environmental, social and governance metrics and disclosures which measure the long-term enterprise value creation for all stakeholders. (7) The September 2020 World Economic Forum report recognizes that there is an emerging consensus among companies that long-term value is most effectively created by serving the interests of all stakeholders. (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. (9) One of the core metrics and disclosures defined in the Stakeholder Capitalism Metrics is for companies to disclose whether they have set, or have committed to set, greenhouse gas emissions targets that are in line with the goals of the Paris Agreement. SEC. 3. DISCLOSURES RELATED TO GREENHOUSE GAS EMISSIONS. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Disclosures Related to the Paris Climate Agreement.-- ``(1) In general.--Each issuer required to file an annual report under subsection (a) shall include in such report the following: ``(A) Whether the issuer has set, or has committed to achieve, targets that are a balance between greenhouse gas emissions and removals, at a pace consistent with limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius. ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(C) Actions and steps the issuer has taken over the preceding year to achieve such greenhouse gas emission targets. ``(D) Actions and steps the issuer plans to pursue in the forthcoming year to achieve such greenhouse gas emission targets. ``(E) If the issuer has not set, and does not plan on committing to set, such greenhouse gas emission targets-- ``(i) a statement to that effect; and ``(ii) a detailed explanation of-- ``(I) why the issuer is not planning on pursuing such greenhouse gas emission targets; and ``(II) whether the issuer supports the temperature goals outlined in subparagraph (A) of this section. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(B) Greenhouse gas emissions.--The term `greenhouse gas emissions' means the emissions of greenhouse gases expressed in terms of metric tons of carbon dioxide equivalent. ``(C) Paris climate agreement.--The term `Paris Climate Agreement' means the international agreement adopted by 196 parties, including the United States, at the 21st Conference of Parties to the United Nations Framework Convention on Climate Change in Paris, France on December 12, 2015. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. ``(E) Removals.--The term `removals' means anthropogenic removals from the atmosphere by any process, activity or mechanism of greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.''. (b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). <all> | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. ( (4) The ``Special Report on Global Warming of 1.5 C'' by the Intergovernmental Panel on Climate Change found that at 1.5 degrees Celsius warming, climate-related risks to human health, livelihoods, food security, human security, water supply, and economic growth will all increase, and will increase even more at 2 degrees Celsius warming. ( 9) One of the core metrics and disclosures defined in the Stakeholder Capitalism Metrics is for companies to disclose whether they have set, or have committed to set, greenhouse gas emissions targets that are in line with the goals of the Paris Agreement. 78m) is amended by adding at the end the following: ``(s) Disclosures Related to the Paris Climate Agreement.-- ``(1) In general.--Each issuer required to file an annual report under subsection (a) shall include in such report the following: ``(A) Whether the issuer has set, or has committed to achieve, targets that are a balance between greenhouse gas emissions and removals, at a pace consistent with limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius. ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. ( (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. ( ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(C) Paris climate agreement.--The term `Paris Climate Agreement' means the international agreement adopted by 196 parties, including the United States, at the 21st Conference of Parties to the United Nations Framework Convention on Climate Change in Paris, France on December 12, 2015. b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). ( | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. ( (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. ( ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(C) Paris climate agreement.--The term `Paris Climate Agreement' means the international agreement adopted by 196 parties, including the United States, at the 21st Conference of Parties to the United Nations Framework Convention on Climate Change in Paris, France on December 12, 2015. b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). ( | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. ( (4) The ``Special Report on Global Warming of 1.5 C'' by the Intergovernmental Panel on Climate Change found that at 1.5 degrees Celsius warming, climate-related risks to human health, livelihoods, food security, human security, water supply, and economic growth will all increase, and will increase even more at 2 degrees Celsius warming. ( 9) One of the core metrics and disclosures defined in the Stakeholder Capitalism Metrics is for companies to disclose whether they have set, or have committed to set, greenhouse gas emissions targets that are in line with the goals of the Paris Agreement. 78m) is amended by adding at the end the following: ``(s) Disclosures Related to the Paris Climate Agreement.-- ``(1) In general.--Each issuer required to file an annual report under subsection (a) shall include in such report the following: ``(A) Whether the issuer has set, or has committed to achieve, targets that are a balance between greenhouse gas emissions and removals, at a pace consistent with limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius. ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. ( (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. ( ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(C) Paris climate agreement.--The term `Paris Climate Agreement' means the international agreement adopted by 196 parties, including the United States, at the 21st Conference of Parties to the United Nations Framework Convention on Climate Change in Paris, France on December 12, 2015. b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). ( | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. ( (4) The ``Special Report on Global Warming of 1.5 C'' by the Intergovernmental Panel on Climate Change found that at 1.5 degrees Celsius warming, climate-related risks to human health, livelihoods, food security, human security, water supply, and economic growth will all increase, and will increase even more at 2 degrees Celsius warming. ( 9) One of the core metrics and disclosures defined in the Stakeholder Capitalism Metrics is for companies to disclose whether they have set, or have committed to set, greenhouse gas emissions targets that are in line with the goals of the Paris Agreement. 78m) is amended by adding at the end the following: ``(s) Disclosures Related to the Paris Climate Agreement.-- ``(1) In general.--Each issuer required to file an annual report under subsection (a) shall include in such report the following: ``(A) Whether the issuer has set, or has committed to achieve, targets that are a balance between greenhouse gas emissions and removals, at a pace consistent with limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius. ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. ( (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. ( ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(C) Paris climate agreement.--The term `Paris Climate Agreement' means the international agreement adopted by 196 parties, including the United States, at the 21st Conference of Parties to the United Nations Framework Convention on Climate Change in Paris, France on December 12, 2015. b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). ( | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. ( (4) The ``Special Report on Global Warming of 1.5 C'' by the Intergovernmental Panel on Climate Change found that at 1.5 degrees Celsius warming, climate-related risks to human health, livelihoods, food security, human security, water supply, and economic growth will all increase, and will increase even more at 2 degrees Celsius warming. ( 9) One of the core metrics and disclosures defined in the Stakeholder Capitalism Metrics is for companies to disclose whether they have set, or have committed to set, greenhouse gas emissions targets that are in line with the goals of the Paris Agreement. 78m) is amended by adding at the end the following: ``(s) Disclosures Related to the Paris Climate Agreement.-- ``(1) In general.--Each issuer required to file an annual report under subsection (a) shall include in such report the following: ``(A) Whether the issuer has set, or has committed to achieve, targets that are a balance between greenhouse gas emissions and removals, at a pace consistent with limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius. ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. ( (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. ( ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(C) Paris climate agreement.--The term `Paris Climate Agreement' means the international agreement adopted by 196 parties, including the United States, at the 21st Conference of Parties to the United Nations Framework Convention on Climate Change in Paris, France on December 12, 2015. b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). ( | To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. 78m) is amended by adding at the end the following: ``(s) Disclosures Related to the Paris Climate Agreement.-- ``(1) In general.--Each issuer required to file an annual report under subsection (a) shall include in such report the following: ``(A) Whether the issuer has set, or has committed to achieve, targets that are a balance between greenhouse gas emissions and removals, at a pace consistent with limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius. ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. ( | 946 |
439 | 5,287 | S.62 | Transportation and Public Works | Duck Boat Safety Enhancement Act of 2021
This bill sets forth requirements related to the safety of amphibious passenger vessels.
The U.S. Coast Guard must implement regulations related to the safety of amphibious passenger vessels, including during severe weather emergencies.
The Coast Guard may require operators of amphibious passenger vessels to provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or other means, to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew.
Additionally, the Coast Guard must implement interim safety policies or other measures to require operators of amphibious passenger vessels operating in U.S. waters comply with certain requirements, including to remove the canopies of such vessels for waterborne operations, or to install in such vessels canopies that do not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking.
The bill also sets forth requirements for vessels that are not in compliance with the regulations and interim safety policies. | To implement recommendations related to the safety of amphibious
passenger vessels, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Duck Boat Safety Enhancement Act of
2021''.
SEC. 2. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS.
(a) Safety Improvements.--
(1) Buoyancy requirements.--Not later than 1 year after the
date of completion of a Coast Guard contracted assessment by
the National Academies of Sciences, Engineering, and Medicine
of the technical feasibility, practicality, and safety benefits
of providing reserve buoyancy through passive means on
amphibious passenger vessels, the Secretary of the department
in which the Coast Guard is operating may initiate a rulemaking
to prescribe in regulations that operators of amphibious
passenger vessels provide reserve buoyancy for such vessels
through passive means, including watertight
compartmentalization, built-in flotation, or such other means
as the Secretary may specify in the regulations, in order to
ensure that such vessels remain afloat and upright in the event
of flooding, including when carrying a full complement of
passengers and crew.
(2) Interim requirements.--Not later than 90 days after the
date of enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall initiate a
rulemaking to implement interim safety policies or other
measures to require that operators of amphibious passenger
vessels operating in waters subject to the jurisdiction of the
United States, as defined in section 2.38 of title 33, Code of
Federal Regulations (or a successor regulation) comply with the
following:
(A) Remove the canopies of such vessels for
waterborne operations, or install in such vessels a
canopy that does not restrict either horizontal or
vertical escape by passengers in the event of flooding
or sinking.
(B) If the canopy is removed from such vessel
pursuant to subparagraph (A), require that all
passengers don a Coast Guard type-approved personal
flotation device before the onset of waterborne
operations of such vessel.
(C) Install in such vessels at least one
independently powered electric bilge pump that is
capable of dewatering such vessels at the volume of the
largest remaining penetration in order to supplement
the vessel's existing bilge pump required under section
182.520 of title 46, Code of Federal Regulations (or a
successor regulation).
(D) Verify the watertight integrity of such vessel
in the water at the outset of each waterborne departure
of such vessel.
(b) Regulations Required.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall initiate a rulemaking for amphibious
passenger vessels operating in waters subject to the jurisdiction of
the United States, as defined in section 2.38 of title 33, Code of
Federal Regulations (or a successor regulation). The regulations shall
include, at a minimum, the following:
(1) Severe weather emergency preparedness.--Requirements
that an operator of an amphibious passenger vessel--
(A) check and notate in the vessel's logbook the
National Weather Service forecast before getting
underway and periodically while underway;
(B) in the case of a watch or warning issued for
wind speeds exceeding the wind speed equivalent used to
certify the stability of an amphibious passenger
vessel, proceed to the nearest harbor or safe refuge;
and
(C) maintain and monitor a weather monitor radio
receiver at the operator station that may be
automatically activated by the warning alarm device of
the National Weather Service.
(2) Passenger safety.--Requirements--
(A) concerning whether personal flotation devices
should be required for the duration of an amphibious
passenger vessel's waterborne transit, which shall be
considered and determined by the Secretary;
(B) that operators of amphibious passenger vessels
inform passengers that seat belts may not be worn
during waterborne operations;
(C) that before the commencement of waterborne
operations, a crew member visually check that each
passenger has unbuckled the passenger's seatbelt; and
(D) that operators or crew maintain a log recording
the actions described in subparagraphs (B) and (C).
(3) Training.--Requirement for annual training for
operators and crew of amphibious passengers vessels,
including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at
the onset of each waterborne departure, identification
of weather hazards, and use of National Weather Service
resources prior to operation; and
(B) training for crewmembers to respond to
emergency situations, including flooding, engine
compartment fires, man overboard situations, and in
water emergency egress procedures.
(4) Recommendations from reports.--Requirements to address
recommendations from the following reports, as practicable and
to the extent that such recommendations are under the
jurisdiction of the Coast Guard:
(A) The National Transportation Safety Board's
Safety Recommendation Reports on the Amphibious
Passenger Vessel incidents in Table Rock, Missouri, Hot
Springs, Arkansas, and Seattle, Washington.
(B) The Coast Guard's Marine Investigation Board
reports on the Stretch Duck 7 sinkings at Table Rock,
Missouri, and the Miss Majestic sinking near Hot
Springs, Arkansas.
(5) Interim requirements.--The interim requirements
described in subsection (a)(2), as appropriate.
(c) Prohibition on Operation of Noncompliant Vessels.--Commencing
as of the date specified by the Secretary of the department in which
the Coast Guard is operating pursuant to subsection (d), any amphibious
passenger vessel whose configuration or operation does not comply with
the requirements under subsection (a)(2) (or subsection (a)(1), if
prescribed) may not operate in waters subject to the jurisdiction of
the United States, as defined in section 2.38 of title 33, Code of
Federal Regulations (or a successor regulation).
(d) Deadline for Compliance.--The regulations and interim
requirements described in subsections (a) and (b) shall require
compliance with the requirements in the regulations not later than 2
years after the date of enactment of this Act, as the Secretary of the
department in which the Coast Guard is operating may specify in the
regulations.
(e) Report.--Not later than 180 days after the promulgation of the
regulations required under subsection (a), the Commandant of the Coast
Guard shall provide a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives regarding the status of
the implementation of the requirements included in such regulations.
<all> | Duck Boat Safety Enhancement Act of 2021 | A bill to implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. | Duck Boat Safety Enhancement Act of 2021 | Sen. Hawley, Josh | R | MO | This bill sets forth requirements related to the safety of amphibious passenger vessels. The U.S. Coast Guard must implement regulations related to the safety of amphibious passenger vessels, including during severe weather emergencies. The Coast Guard may require operators of amphibious passenger vessels to provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or other means, to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. Additionally, the Coast Guard must implement interim safety policies or other measures to require operators of amphibious passenger vessels operating in U.S. waters comply with certain requirements, including to remove the canopies of such vessels for waterborne operations, or to install in such vessels canopies that do not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking. The bill also sets forth requirements for vessels that are not in compliance with the regulations and interim safety policies. | 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. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). (D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. The regulations shall include, at a minimum, the following: (1) Severe weather emergency preparedness.--Requirements that an operator of an amphibious passenger vessel-- (A) check and notate in the vessel's logbook the National Weather Service forecast before getting underway and periodically while underway; (B) in the case of a watch or warning issued for wind speeds exceeding the wind speed equivalent used to certify the stability of an amphibious passenger vessel, proceed to the nearest harbor or safe refuge; and (C) maintain and monitor a weather monitor radio receiver at the operator station that may be automatically activated by the warning alarm device of the National Weather Service. (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. (4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. (d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. | 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. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). (D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. (4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. (d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2021''. SEC. 2. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (a) Safety Improvements.-- (1) Buoyancy requirements.--Not later than 1 year after the date of completion of a Coast Guard contracted assessment by the National Academies of Sciences, Engineering, and Medicine of the technical feasibility, practicality, and safety benefits of providing reserve buoyancy through passive means on amphibious passenger vessels, the Secretary of the department in which the Coast Guard is operating may initiate a rulemaking to prescribe in regulations that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as the Secretary may specify in the regulations, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). (D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. The regulations shall include, at a minimum, the following: (1) Severe weather emergency preparedness.--Requirements that an operator of an amphibious passenger vessel-- (A) check and notate in the vessel's logbook the National Weather Service forecast before getting underway and periodically while underway; (B) in the case of a watch or warning issued for wind speeds exceeding the wind speed equivalent used to certify the stability of an amphibious passenger vessel, proceed to the nearest harbor or safe refuge; and (C) maintain and monitor a weather monitor radio receiver at the operator station that may be automatically activated by the warning alarm device of the National Weather Service. (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. (4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. (B) The Coast Guard's Marine Investigation Board reports on the Stretch Duck 7 sinkings at Table Rock, Missouri, and the Miss Majestic sinking near Hot Springs, Arkansas. (c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). (d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. (e) Report.--Not later than 180 days after the promulgation of the regulations required under subsection (a), the Commandant of the Coast Guard shall provide a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the status of the implementation of the requirements included in such regulations. | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2021''. SEC. 2. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (a) Safety Improvements.-- (1) Buoyancy requirements.--Not later than 1 year after the date of completion of a Coast Guard contracted assessment by the National Academies of Sciences, Engineering, and Medicine of the technical feasibility, practicality, and safety benefits of providing reserve buoyancy through passive means on amphibious passenger vessels, the Secretary of the department in which the Coast Guard is operating may initiate a rulemaking to prescribe in regulations that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as the Secretary may specify in the regulations, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. (2) Interim requirements.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking to implement interim safety policies or other measures to require that operators of amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation) comply with the following: (A) Remove the canopies of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking. (B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). (D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. The regulations shall include, at a minimum, the following: (1) Severe weather emergency preparedness.--Requirements that an operator of an amphibious passenger vessel-- (A) check and notate in the vessel's logbook the National Weather Service forecast before getting underway and periodically while underway; (B) in the case of a watch or warning issued for wind speeds exceeding the wind speed equivalent used to certify the stability of an amphibious passenger vessel, proceed to the nearest harbor or safe refuge; and (C) maintain and monitor a weather monitor radio receiver at the operator station that may be automatically activated by the warning alarm device of the National Weather Service. (2) Passenger safety.--Requirements-- (A) concerning whether personal flotation devices should be required for the duration of an amphibious passenger vessel's waterborne transit, which shall be considered and determined by the Secretary; (B) that operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (C) that before the commencement of waterborne operations, a crew member visually check that each passenger has unbuckled the passenger's seatbelt; and (D) that operators or crew maintain a log recording the actions described in subparagraphs (B) and (C). (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. (4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. (B) The Coast Guard's Marine Investigation Board reports on the Stretch Duck 7 sinkings at Table Rock, Missouri, and the Miss Majestic sinking near Hot Springs, Arkansas. (5) Interim requirements.--The interim requirements described in subsection (a)(2), as appropriate. (c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). (d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. (e) Report.--Not later than 180 days after the promulgation of the regulations required under subsection (a), the Commandant of the Coast Guard shall provide a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the status of the implementation of the requirements included in such regulations. | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2021''. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. ( C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( (b) Regulations Required.--Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). 3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( 4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. ( (5) Interim requirements.--The interim requirements described in subsection (a)(2), as appropriate. ( c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. ( (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. ( (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2021''. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. ( C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( (b) Regulations Required.--Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). 3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( 4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. ( (5) Interim requirements.--The interim requirements described in subsection (a)(2), as appropriate. ( c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. ( (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2021''. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. ( C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( (b) Regulations Required.--Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). 3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( 4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. ( (5) Interim requirements.--The interim requirements described in subsection (a)(2), as appropriate. ( c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. ( (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2021''. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. ( C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( (b) Regulations Required.--Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). 3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( 4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. ( (5) Interim requirements.--The interim requirements described in subsection (a)(2), as appropriate. ( c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). ( D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. ( (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. ( | To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. ( 3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. ( 4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. ( ( | 1,053 |
441 | 13,751 | H.R.1495 | Health | Jim Ramstad Legacy of Recovery Act
This bill allows states to receive federal Medicaid payment for psychiatric and substance-use disorder services provided in institutions for mental diseases (IMDs) to patients who are enrolled with a Medicaid managed care organization (MCO) or in a prepaid inpatient health plan (PIHP).
Current law generally prohibits federal payment under Medicaid for services provided in IMDs for individuals under the age of 65. However, states may receive federal Medicaid payment for monthly capitation payments to MCOs and PIHPs for services provided in IMDs to enrollees aged 21 to 64. Such services must be provided for no longer than 15 days per month and in lieu of other services covered under the state Medicaid program. | To amend title XIX of the Social Security Act to provide coverage under
the Medicaid program for services for the treatment of psychiatric or
substance use disorders furnished to certain individuals in an
institution for mental diseases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jim Ramstad Legacy of Recovery
Act''.
SEC. 2. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC
OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN
INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) in paragraph (29), by striking ``; and'' at the end;
(2) by redesignating paragraph (30) as paragraph (31);
(3) by inserting after paragraph (29) the following new
paragraph:
``(30) services for the treatment of psychiatric or
substance use disorders furnished to any individual who is
eligible for medical assistance under the State plan (or a
waiver of such plan), enrolled with a medicaid managed care
organization (as defined in section 1903(m)(1)(A)) or a prepaid
inpatient health plan described in section
1903(m)(9)(D)(iii)(I), and is a patient in an institution for
mental diseases; and''; and
(4) in the matter preceding the subdivision (A) following
paragraph (31), as redesignated by paragraph (2), by striking
``as otherwise provided in paragraph (16)'' and inserting ``as
otherwise provided in paragraphs (16) and (30)''.
(b) Conforming Amendment.--Section 1903(m)(7) of the Social
Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the
period at the end the following: ``, and made with respect to services
described in such section provided before the date of enactment of the
Jim Ramstad Legacy of Recovery Act''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to medical assistance provided on or after the date
of the enactment of this Act.
<all> | Jim Ramstad Legacy of Recovery Act | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. | Jim Ramstad Legacy of Recovery Act | Rep. Emmer, Tom | R | MN | This bill allows states to receive federal Medicaid payment for psychiatric and substance-use disorder services provided in institutions for mental diseases (IMDs) to patients who are enrolled with a Medicaid managed care organization (MCO) or in a prepaid inpatient health plan (PIHP). Current law generally prohibits federal payment under Medicaid for services provided in IMDs for individuals under the age of 65. However, states may receive federal Medicaid payment for monthly capitation payments to MCOs and PIHPs for services provided in IMDs to enrollees aged 21 to 64. Such services must be provided for no longer than 15 days per month and in lieu of other services covered under the state Medicaid program. | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jim Ramstad Legacy of Recovery Act''. SEC. 2. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (29), by striking ``; and'' at the end; (2) by redesignating paragraph (30) as paragraph (31); (3) by inserting after paragraph (29) the following new paragraph: ``(30) services for the treatment of psychiatric or substance use disorders furnished to any individual who is eligible for medical assistance under the State plan (or a waiver of such plan), enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A)) or a prepaid inpatient health plan described in section 1903(m)(9)(D)(iii)(I), and is a patient in an institution for mental diseases; and''; and (4) in the matter preceding the subdivision (A) following paragraph (31), as redesignated by paragraph (2), by striking ``as otherwise provided in paragraph (16)'' and inserting ``as otherwise provided in paragraphs (16) and (30)''. (b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. <all> | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jim Ramstad Legacy of Recovery Act''. SEC. 2. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (29), by striking ``; and'' at the end; (2) by redesignating paragraph (30) as paragraph (31); (3) by inserting after paragraph (29) the following new paragraph: ``(30) services for the treatment of psychiatric or substance use disorders furnished to any individual who is eligible for medical assistance under the State plan (or a waiver of such plan), enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A)) or a prepaid inpatient health plan described in section 1903(m)(9)(D)(iii)(I), and is a patient in an institution for mental diseases; and''; and (4) in the matter preceding the subdivision (A) following paragraph (31), as redesignated by paragraph (2), by striking ``as otherwise provided in paragraph (16)'' and inserting ``as otherwise provided in paragraphs (16) and (30)''. (b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. <all> | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jim Ramstad Legacy of Recovery Act''. SEC. 2. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (29), by striking ``; and'' at the end; (2) by redesignating paragraph (30) as paragraph (31); (3) by inserting after paragraph (29) the following new paragraph: ``(30) services for the treatment of psychiatric or substance use disorders furnished to any individual who is eligible for medical assistance under the State plan (or a waiver of such plan), enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A)) or a prepaid inpatient health plan described in section 1903(m)(9)(D)(iii)(I), and is a patient in an institution for mental diseases; and''; and (4) in the matter preceding the subdivision (A) following paragraph (31), as redesignated by paragraph (2), by striking ``as otherwise provided in paragraph (16)'' and inserting ``as otherwise provided in paragraphs (16) and (30)''. (b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. <all> | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jim Ramstad Legacy of Recovery Act''. SEC. 2. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (29), by striking ``; and'' at the end; (2) by redesignating paragraph (30) as paragraph (31); (3) by inserting after paragraph (29) the following new paragraph: ``(30) services for the treatment of psychiatric or substance use disorders furnished to any individual who is eligible for medical assistance under the State plan (or a waiver of such plan), enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A)) or a prepaid inpatient health plan described in section 1903(m)(9)(D)(iii)(I), and is a patient in an institution for mental diseases; and''; and (4) in the matter preceding the subdivision (A) following paragraph (31), as redesignated by paragraph (2), by striking ``as otherwise provided in paragraph (16)'' and inserting ``as otherwise provided in paragraphs (16) and (30)''. (b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. <all> | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. ( b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. ( b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. ( b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. ( b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( | To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. ( b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. ( c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. | 340 |
444 | 2,474 | S.1003 | Housing and Community Development | Aid to Homeowners with Crumbling Foundations Act of 2021
This bill requires the Department of Housing and Urban Development to provide grants for states to assist residential building owners in repairing or replacing concrete foundations that have deteriorated due to pyrrhotite (an iron sulfide mineral). | To establish a grant program to provide assistance to States to prevent
and repair damage to structures due to pyrrhotite.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aid to Homeowners with Crumbling
Foundations Act of 2021''.
SEC. 2. GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``covered State'' means a State that
administers a crumbling foundations assistance fund;
(2) the term ``crumbling foundations assistance fund''
means a fund established by a State the purpose of which is to
receive public or private contributions to provide financial
assistance to owners of residential buildings in the State to
repair or replace the concrete foundations of those residential
buildings that have deteriorated due to the presence of
pyrrhotite;
(3) the term ``residential building'' means any family
dwelling, including any building, condominium unit, or dwelling
in a planned unit development; and
(4) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(b) Authorization.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish and implement a
program to make grants to covered States to assist owners of
residential buildings with concrete foundations that have deteriorated
due to the presence of pyrrhotite.
(c) Application.--A covered State desiring 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.
(d) Deposit of Funds.--A covered State receiving a grant under this
section shall deposit any grant amounts into the crumbling foundations
assistance fund of the State for the purpose of carrying out the
activities described in subsection (e).
(e) Use of Funds.--A covered State receiving a grant under this
section shall--
(1) develop a single, unified application for owners of
residential buildings to apply for all financial assistance
from the crumbling foundations assistance fund of the covered
State;
(2) provide financial assistance to approved owners of
residential buildings for the repair or replacement of concrete
foundations that have deteriorated due to the presence of
pyrrhotite, including financial reimbursement to owners who
have had such repair or replacement performed before the date
of enactment of this Act;
(3) assist approved owners of residential buildings to
obtain additional financing necessary to fully fund the repair
or replacement of concrete foundations that have deteriorated
due to the presence of pyrrhotite;
(4) approve contractors or other vendors for eligibility to
perform foundation repairs or replacements on behalf of
approved owners;
(5) ensure that the financial assistance is used solely for
costs of repairing and replacing concrete foundations that have
deteriorated due to the presence of pyrrhotite; and
(6) require the disclosure of the amount of all financial
compensation received by an owner of the residential building,
if any, arising out of a claim for coverage under the property
coverage provisions of the homeowners policy for foundation
deterioration due to the presence of pyrrhotite and ensure that
the amount is considered when determining the amount of
financial assistance offered to the owner.
(f) Grant Amount and Duration.--
(1) Amount.--Each grant awarded to a covered State under
this section in a fiscal year shall be in an amount of not more
than $30,000,000.
(2) Duration.--A grant awarded under this section shall be
for a period of 5 years.
(g) Annual Report.--The Secretary shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives an annual report on
the grant program established under this section, including a summary
of the use of funds by covered States receiving a grant under this
section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2022 through 2026.
<all> | Aid to Homeowners with Crumbling Foundations Act of 2021 | A bill to establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. | Aid to Homeowners with Crumbling Foundations Act of 2021 | Sen. Murphy, Christopher | D | CT | This bill requires the Department of Housing and Urban Development to provide grants for states to assist residential building owners in repairing or replacing concrete foundations that have deteriorated due to pyrrhotite (an iron sulfide mineral). | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aid to Homeowners with Crumbling Foundations Act of 2021''. SEC. GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``covered State'' means a State that administers a crumbling foundations assistance fund; (2) the term ``crumbling foundations assistance fund'' means a fund established by a State the purpose of which is to receive public or private contributions to provide financial assistance to owners of residential buildings in the State to repair or replace the concrete foundations of those residential buildings that have deteriorated due to the presence of pyrrhotite; (3) the term ``residential building'' means any family dwelling, including any building, condominium unit, or dwelling in a planned unit development; and (4) the term ``Secretary'' means the Secretary of Housing and Urban Development. (c) Application.--A covered State desiring 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. (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. (g) Annual Report.--The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report on the grant program established under this section, including a summary of the use of funds by covered States receiving a grant under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aid to Homeowners with Crumbling Foundations Act of 2021''. SEC. GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``covered State'' means a State that administers a crumbling foundations assistance fund; (2) the term ``crumbling foundations assistance fund'' means a fund established by a State the purpose of which is to receive public or private contributions to provide financial assistance to owners of residential buildings in the State to repair or replace the concrete foundations of those residential buildings that have deteriorated due to the presence of pyrrhotite; (3) the term ``residential building'' means any family dwelling, including any building, condominium unit, or dwelling in a planned unit development; and (4) the term ``Secretary'' means the Secretary of Housing and Urban Development. (c) Application.--A covered State desiring 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. (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. (g) Annual Report.--The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report on the grant program established under this section, including a summary of the use of funds by covered States receiving a grant under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aid to Homeowners with Crumbling Foundations Act of 2021''. SEC. 2. GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``covered State'' means a State that administers a crumbling foundations assistance fund; (2) the term ``crumbling foundations assistance fund'' means a fund established by a State the purpose of which is to receive public or private contributions to provide financial assistance to owners of residential buildings in the State to repair or replace the concrete foundations of those residential buildings that have deteriorated due to the presence of pyrrhotite; (3) the term ``residential building'' means any family dwelling, including any building, condominium unit, or dwelling in a planned unit development; and (4) the term ``Secretary'' means the Secretary of Housing and Urban Development. (b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. (d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (e) Use of Funds.--A covered State receiving a grant under this section shall-- (1) develop a single, unified application for owners of residential buildings to apply for all financial assistance from the crumbling foundations assistance fund of the covered State; (2) provide financial assistance to approved owners of residential buildings for the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrrhotite, including financial reimbursement to owners who have had such repair or replacement performed before the date of enactment of this Act; (3) assist approved owners of residential buildings to obtain additional financing necessary to fully fund the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrrhotite; (4) approve contractors or other vendors for eligibility to perform foundation repairs or replacements on behalf of approved owners; (5) ensure that the financial assistance is used solely for costs of repairing and replacing concrete foundations that have deteriorated due to the presence of pyrrhotite; and (6) require the disclosure of the amount of all financial compensation received by an owner of the residential building, if any, arising out of a claim for coverage under the property coverage provisions of the homeowners policy for foundation deterioration due to the presence of pyrrhotite and ensure that the amount is considered when determining the amount of financial assistance offered to the owner. (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. (2) Duration.--A grant awarded under this section shall be for a period of 5 years. (g) Annual Report.--The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report on the grant program established under this section, including a summary of the use of funds by covered States receiving a grant under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. <all> | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aid to Homeowners with Crumbling Foundations Act of 2021''. SEC. 2. GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``covered State'' means a State that administers a crumbling foundations assistance fund; (2) the term ``crumbling foundations assistance fund'' means a fund established by a State the purpose of which is to receive public or private contributions to provide financial assistance to owners of residential buildings in the State to repair or replace the concrete foundations of those residential buildings that have deteriorated due to the presence of pyrrhotite; (3) the term ``residential building'' means any family dwelling, including any building, condominium unit, or dwelling in a planned unit development; and (4) the term ``Secretary'' means the Secretary of Housing and Urban Development. (b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. (d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (e) Use of Funds.--A covered State receiving a grant under this section shall-- (1) develop a single, unified application for owners of residential buildings to apply for all financial assistance from the crumbling foundations assistance fund of the covered State; (2) provide financial assistance to approved owners of residential buildings for the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrrhotite, including financial reimbursement to owners who have had such repair or replacement performed before the date of enactment of this Act; (3) assist approved owners of residential buildings to obtain additional financing necessary to fully fund the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrrhotite; (4) approve contractors or other vendors for eligibility to perform foundation repairs or replacements on behalf of approved owners; (5) ensure that the financial assistance is used solely for costs of repairing and replacing concrete foundations that have deteriorated due to the presence of pyrrhotite; and (6) require the disclosure of the amount of all financial compensation received by an owner of the residential building, if any, arising out of a claim for coverage under the property coverage provisions of the homeowners policy for foundation deterioration due to the presence of pyrrhotite and ensure that the amount is considered when determining the amount of financial assistance offered to the owner. (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. (2) Duration.--A grant awarded under this section shall be for a period of 5 years. (g) Annual Report.--The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report on the grant program established under this section, including a summary of the use of funds by covered States receiving a grant under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. <all> | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. ( d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. ( f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. ( f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. ( d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. ( f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. ( d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. ( f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. ( d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. ( f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. ( d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. ( 2) Duration.--A grant awarded under this section shall be for a period of 5 years. ( | 658 |
447 | 10,450 | H.R.6842 | International Affairs | This bill authorizes the President to impose asset- and visa-blocking sanctions on any member of Russia's parliament who voted on February 15, 2022, to appeal to Russian President Vladimir Putin to recognize the Donetsk and Luhansk regions of Ukraine as one or more independent states. | To provide for the imposition of sanctions on members of parliament of
the Russian Federation who voted on February 15, 2022, in favor of the
appeal to President Vladimir Putin to recognize the regions of Donetsk
and Luhansk in southeastern Ukraine as one or more independent states.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SANCTIONS ON MEMBERS OF PARLIAMENT OF THE RUSSIAN FEDERATION
WHO VOTED ON FEBRUARY 15, 2022, IN FAVOR OF THE APPEAL TO
PRESIDENT VLADIMIR PUTIN TO RECOGNIZE THE REGIONS OF
DONETSK AND LUHANSK IN SOUTHEASTERN UKRAINE AS ONE OR
MORE INDEPENDENT STATES.
(a) In General.--As a result of the decision of the Government of
the Russian Federation to recognize the regions of Donetsk and Luhansk
in southeastern Ukraine as one or more independent states on February
21, 2022, the President is authorized to impose sanctions described in
subsection (b) with respect to any member of the parliament of the
Russian Federation who voted on February 15, 2022, in favor of the
appeal to President Vladimir Putin to recognize the regions of Donetsk
and Luhansk in southeastern Ukraine as one or more independent states.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions
in all property and interests in property of a person
determined by the President to be subject to subsection
(a) if such property and interests in property are in
the United States, come within the United States, or
are or come within the possession or control of a
United States person.
(B) Inadmissibility of certain individuals.--
(i) Ineligibility for visas, admission, or
parole.--A person determined by the President
to be subject to subsection (a) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--A foreign
person described in clause (i) is also subject
to the following:
(I) Revocation of any visa or other
entry documentation regardless of when
the visa or other entry documentation
is or was issued.
(II) A revocation under subclause
(I) shall take effect immediately and
automatically cancel any other valid
visa or entry documentation that is in
the foreign person's possession.
(C) United states person.--In subparagraph (A), the
term ``United States person'' means--
(i) a United States citizen or an alien
lawfully admitted for permanent residence to
the United States; or
(ii) 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.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or any regulation, license, or order issued to
carry out paragraph (1)(A) shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(3) Exceptions.--
(A) Exception for intelligence activities.--
Sanctions under this section shall not apply to any
activity subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence activities
of the United States.
(B) Exception to comply with international
obligations and for law enforcement activities.--
Sanctions under paragraph (1)(B) shall not apply to an
alien if admitting the alien into the United States is
necessary--
(i) 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; or
(ii) to carry out or assist law enforcement
activities in the United States.
(C) Exception relating to the importation of
goods.--
(i) In general.--The requirement to block
and prohibit all transactions in all property
and interests in property under paragraph
(1)(A) shall not include the authority to
impose sanctions on the importation of goods.
(ii) Good defined.--In this paragraph, the
term ``good'' means any article, natural or
man-made substance, material, supply or
manufactured product, including inspection and
test equipment, and excluding technical data.
(c) Waiver.--The President may waive the application of sanctions
under subsection (b) with respect to a person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) on or before the date on which the waiver takes effect,
submits to the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Foreign Affairs and the Committee on Financial
Services of the House of Representatives a notice of and a
justification for the waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
<all> | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. | Official Titles - House of Representatives
Official Title as Introduced
To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. | Rep. Keating, William R. | D | MA | This bill authorizes the President to impose asset- and visa-blocking sanctions on any member of Russia's parliament who voted on February 15, 2022, to appeal to Russian President Vladimir Putin to recognize the Donetsk and Luhansk regions of Ukraine as one or more independent states. | SANCTIONS ON MEMBERS OF PARLIAMENT OF THE RUSSIAN FEDERATION WHO VOTED ON FEBRUARY 15, 2022, IN FAVOR OF THE APPEAL TO PRESIDENT VLADIMIR PUTIN TO RECOGNIZE THE REGIONS OF DONETSK AND LUHANSK IN SOUTHEASTERN UKRAINE AS ONE OR MORE INDEPENDENT STATES. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. (ii) Current visas revoked.--A foreign person described in clause (i) is also subject to the following: (I) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (ii) Good defined.--In this paragraph, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. | SANCTIONS ON MEMBERS OF PARLIAMENT OF THE RUSSIAN FEDERATION WHO VOTED ON FEBRUARY 15, 2022, IN FAVOR OF THE APPEAL TO PRESIDENT VLADIMIR PUTIN TO RECOGNIZE THE REGIONS OF DONETSK AND LUHANSK IN SOUTHEASTERN UKRAINE AS ONE OR MORE INDEPENDENT STATES. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (ii) Current visas revoked.--A foreign person described in clause (i) is also subject to the following: (I) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. or any authorized intelligence activities of the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SANCTIONS ON MEMBERS OF PARLIAMENT OF THE RUSSIAN FEDERATION WHO VOTED ON FEBRUARY 15, 2022, IN FAVOR OF THE APPEAL TO PRESIDENT VLADIMIR PUTIN TO RECOGNIZE THE REGIONS OF DONETSK AND LUHANSK IN SOUTHEASTERN UKRAINE AS ONE OR MORE INDEPENDENT STATES. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.--A foreign person described in clause (i) is also subject to the following: (I) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (II) A revocation under subclause (I) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. 3091 et seq.) or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (ii) Good defined.--In this paragraph, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SANCTIONS ON MEMBERS OF PARLIAMENT OF THE RUSSIAN FEDERATION WHO VOTED ON FEBRUARY 15, 2022, IN FAVOR OF THE APPEAL TO PRESIDENT VLADIMIR PUTIN TO RECOGNIZE THE REGIONS OF DONETSK AND LUHANSK IN SOUTHEASTERN UKRAINE AS ONE OR MORE INDEPENDENT STATES. (a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.--A foreign person described in clause (i) is also subject to the following: (I) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (II) A revocation under subclause (I) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exceptions.-- (A) Exception for intelligence activities.-- Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (ii) Good defined.--In this paragraph, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. <all> | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. ( to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( II) A revocation under subclause (I) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( 2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. ( (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. ( (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. ( (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. ( (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. ( to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( II) A revocation under subclause (I) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( 2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. ( (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. ( (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. ( (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. ( to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( II) A revocation under subclause (I) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( 2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. ( (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. ( (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. ( (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( (C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( 2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. ( ( ( C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. ( ( c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) 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; or (ii) to carry out or assist law enforcement activities in the United States. ( c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( | To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) 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. ( ( ( ( C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. ( ( c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. ( | 915 |
448 | 4,902 | S.5156 | Crime and Law Enforcement | Fairness for American Victims of State-Sponsored Terrorism Act
This bill authorizes and provides funding for additional payments from the U.S. Victims of State Sponsored Terrorism Fund.
Specifically, the bill (1) provides lump-sum catch-up payments from the fund to 9/11 victims and their families; and (2) makes victims of the 1983 bombing of the U.S. Marine Corps barracks in Beirut and their families eligible for lump-sum catch-up payments from the fund.
The bill also rescinds specified unobligated funds that were provided for (1) the Small Business Administration's Paycheck Protection Program, and (2) emergency rental assistance. | To amend the Justice for United States Victims of State Sponsored
Terrorism Act to authorize appropriations for catch-up payments from
the United States Victims of State Sponsored Terrorism Fund, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for American Victims of
State-Sponsored Terrorism Act''.
SEC. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM
ACT.
(a) In General.--Section 404 of the Justice for United States
Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), in the first sentence, by
inserting ``and during the 1-year period beginning on
the date of enactment of the Fairness for American
Victims of State-Sponsored Terrorism Act, the Special
Master may utilize an additional 5 full-time equivalent
Department of Justice personnel'' before the period at
the end; and
(B) in paragraph (2)(A), by inserting ``Not later
than 30 days after the date of enactment of the
Fairness for American Victims of State-Sponsored
Terrorism Act, the Special Master shall update, as
necessary as a result of the enactment of such Act,
such procedures and other guidance previously issued by
the Special Master.'' after the period at the end of
the second sentence;
(2) in subsection (c)(3)(A), by striking clause (ii) and
inserting the following:
``(ii) Not later than 90 days after the
date of obtaining a final judgment, with regard
to a final judgment obtained on or after the
date of that publication, unless--
``(I) the final judgment was
awarded to a 9/11 victim, 9/11 spouse,
or 9/11 dependent before the date of
enactment of the United States Victims
of State Sponsored Terrorism Fund
Clarification Act, in which case such
United States person shall have 90 days
from the date of enactment of such Act
to submit an application for payment;
or
``(II) the final judgment was
awarded to a 1983 Beirut barracks
bombing victim before the date of
enactment of the Fairness for American
Victims of State-Sponsored Terrorism
Act, in which case such United States
person shall have 180 days from the
date of enactment of such Act to submit
an application for payment.'';
(3) in subsection (d)(4)--
(A) in subparagraph (A), by striking ``(B) and
(C)'' and inserting ``(B), (C), and (D)'';
(B) in subparagraph (C), by adding at the end the
following:
``(iv) Authorization.--
``(I) In general.--The Special
Master shall authorize lump sum catch-
up payments in amounts equal to the
amounts described in subclauses (I),
(II), and (III) of clause (iii).
``(II) Appropriations.--
``(aa) In general.--There
are authorized to be
appropriated and there are
appropriated to the Fund such
sums as are necessary to carry
out this clause, to remain
available until expended.
``(bb) Limitation.--Amounts
appropriated pursuant to item
(aa) may not be used for a
purpose other than to make lump
sum catch-up payments under
this clause.''; and
(C) by adding at the end the following:
``(D) Lump sum catch-up payments for beirut
barracks bombing victims, spouses, and dependents.--
``(i) In general.--Not later than 1 year
after the enactment of the Fairness for
American Victims of State-Sponsored Terrorism
Act, and in accordance with clauses (i) and
(ii) of subsection (d)(3)(A), the Comptroller
General of the United States shall conduct an
audit and publish in the Federal Register a
notice of proposed lump sum catch-up payments
to the 1983 Beirut barracks bombing victims who
have submitted applications in accordance with
subsection (c)(3)(A)(ii)(II) in amounts that,
after receiving the lump sum catch-up payments,
would result in the percentage of the claims of
such victims received from the Fund being equal
to the percentage of the claims non-9/11 victim
of state sponsored terrorism received from the
Fund, as of the date of enactment of this
subparagraph.
``(ii) Public comment.--The Comptroller
General shall provide an opportunity for public
comment for a 30-day period beginning on the
date on which the notice is published under
clause (i).
``(iii) Report.--Not later than 30 days
after the expiration of the comment period in
clause (ii), the Comptroller General of the
United States shall submit to the Committee on
the Judiciary and the Committee on
Appropriations of the Senate, the Committee on
the Judiciary and the Committee on
Appropriations of the House of Representatives,
and the Special Master a report that includes
the determination of the Comptroller General on
the amount of the proposed lump sum catch-up
payment for each Beirut barracks bombing victim
and the total amount of such proposed lump sum
catch-up payments.
``(iv) Lump sum catch-up payment reserve
fund.--
``(I) In general.--There is
established within the Fund a lump sum
catch-up payment reserve fund, to
remain in reserve except in accordance
with this subsection.
``(II) Authorization.--Not earlier
than 90 days after the date on which
the Comptroller General submits the
report required under clause (iii), and
not later than 1 year after such date,
the Special Master shall authorize lump
sum catch-up payments from the reserve
fund established under subclause (I) in
amounts equal to the amounts described
in clause (iii).
``(III) Appropriations.--
``(aa) In general.--There
are authorized to be
appropriated and there are
appropriated to the lump sum
catch-up payment reserve fund
$3,000,000,000 to carry out
this clause, to remain
available until expended.
``(bb) Limitation.--Except
as provided in sublcause (IV),
amounts appropriated pursuant
to item (aa) may not be used
for a purpose other than to
make lump sum catch-up payments
under this clause.
``(IV) Expiration.--
``(aa) In general.--The
lump sum catch-up payment
reserve fund established by
this clause shall be terminated
not later than 1 year after the
Special Master disperses all
lump sum catch-up payments
pursuant to subclause (II).
``(bb) Remaining amounts.--
All amounts remaining in the
lump sum catch-up payment
reserve fund in excess of the
amounts described in clause
(iii) shall be deposited into
the Fund under this section.'';
(4) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Deposit and transfer.--Beginning on the date of the
enactment of this Act, the following shall be deposited or
transferred into the Fund for distribution under this section:
``(A) Criminal funds and property.--All funds, and
the net proceeds from the sale of property, forfeited
or paid to the United States after the date of
enactment of this Act as a criminal penalty or fine
arising from a violation of any license, order,
regulation, or prohibition issued under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) or the Trading with the Enemy Act (50
U.S.C. App. 1 et seq.), or any related criminal
conspiracy, scheme, or other Federal offense arising
from the actions of, or doing business with or acting
on behalf of, a state sponsor of terrorism.
``(B) Civil funds and property.--Seventy-five
percent of all funds, and seventy-five percent of the
net proceeds from the sale of property, forfeited or
paid to the United States after the date of enactment
of this Act as a civil penalty or fine arising from a
violation of any license, order, regulation, or
prohibition issued under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) or the
Trading with the Enemy Act (50 U.S.C. App. 1 et seq.),
or any related conspiracy, scheme, or other Federal
offense arising from the actions of, or doing business
with or acting on behalf of, a state sponsor of
terrorism.'';
(5) in subsection (g)(1), by striking ``(e)(2)(A)'' and
inserting ``(e)(2)''; and
(6) in subsection (j), by adding at the end the following:
``(15) 1983 beirut bombing victim.--The term `1983 Beirut
bombing victim' means a plaintiff, or estate or successor in
interest thereof, who has an eligible claim under subsection
(c) that arises out of the October 23, 1983, bombing of the
United States Marine Corps barracks in Beirut, Lebanon.''.
(b) Rescissions.--
(1) Business loans program account.--Of the unobligated
balances of amounts made available under the heading ``Small
Business Administration--Business Loans Program Account, CARES
Act'', for carrying out paragraphs (36) and (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)),
$2,982,000,000 are hereby rescinded.
(2) Emergency rental assistance.--Of the unobligated
balances of amounts made available under section 3201(a) of the
American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat.
54), $3,000,000,000 are hereby rescinded.
<all> | Fairness for American Victims of State-Sponsored Terrorism Act | A bill to amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. | Fairness for American Victims of State-Sponsored Terrorism Act | Sen. Cotton, Tom | R | AR | This bill authorizes and provides funding for additional payments from the U.S. Victims of State Sponsored Terrorism Fund. Specifically, the bill (1) provides lump-sum catch-up payments from the fund to 9/11 victims and their families; and (2) makes victims of the 1983 bombing of the U.S. Marine Corps barracks in Beirut and their families eligible for lump-sum catch-up payments from the fund. The bill also rescinds specified unobligated funds that were provided for (1) the Small Business Administration's Paycheck Protection Program, and (2) emergency rental assistance. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. 54), $3,000,000,000 are hereby rescinded. | 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. 54), $3,000,000,000 are hereby rescinded. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. ''; (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 54), $3,000,000,000 are hereby rescinded. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. 20144) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), in the first sentence, by inserting ``and during the 1-year period beginning on the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel'' before the period at the end; and (B) in paragraph (2)(A), by inserting ``Not later than 30 days after the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance previously issued by the Special Master.'' after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(bb) Remaining amounts.-- All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in clause (iii) shall be deposited into the Fund under this section. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. ''; (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 54), $3,000,000,000 are hereby rescinded. | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( 2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( 2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( 2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. ( b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( | To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. ( b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( | 1,472 |
449 | 8,029 | H.R.2317 | Health | We Will Not Comply Act
This bill prohibits discrimination based on an individual's COVID-19 vaccination status.
Specifically, the bill bars certain commercial businesses from discriminating on the basis of an individual's COVID-19 vaccination status.
In addition, the bill generally prohibits using federal funds to establish or enforce COVID-19 vaccination requirements. Further, federal funds may not be used to compel an individual with a religious objection to vaccinations to receive a vaccine.
The bill also prohibits federal funding of educational institutions that require an individual to receive a COVID-19 vaccine to participate in academic or extracurricular activities. Additionally, a public school or public college may not deny access to the school or college based on whether an individual has received a vaccine, including the COVID-19 vaccine.
Furthermore, air carriers may not deny an individual access to air transportation solely on the basis of COVID-19 vaccination status. The bill also prohibits proof of a COVID-19 vaccine as a condition of receiving a U.S. passport.
The bill establishes a private right of action for individuals who have been discriminated against based on COVID-19 vaccine status or failure to comply with a requirement to wear a face covering. | To provide that United States citizens may not be discriminated against
based on their COVID-19 vaccination status, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``We Will Not Comply Act''.
SEC. 2. INTERSTATE COMMERCE.
No entity that is subject to title II of the Civil Rights Act of
1964 may discriminate against any person because such person has or has
not received a COVID-19 vaccine.
SEC. 3. FUNDING RIDERS.
(a) In General.--No Federal funds may be used to require any
individual to receive a COVID-19 vaccine, or to enforce any such
requirement.
(b) No Conditions for Educational Institutions.--
(1) In general.--No Federal funds may be made available to
any elementary school, secondary school, or institution of
higher education if such school or institution requires an
individual to receive a COVID-19 vaccine as a condition for
attendance or participation in any academic or extra-curricular
activity, including sports teams, athletic clubs, or any other
voluntary organization.
(2) Definitions.--In this subsection:
(A) The terms ``elementary school'' and ``secondary
school'' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(B) The term ``institution of higher education''
has the meaning given that term in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002).
(c) Clarification.--No Federal funds may be used to compel an
individual who has a religious objection to a vaccine or to vaccination
to receive such vaccine or vaccination.
SEC. 4. PRIVATE RIGHT OF ACTION.
An individual who has been discriminated against on the basis of
the individual's COVID-19 vaccine status, or the individual's failure
to comply with a requirement to wear a face covering, may bring an
action in the appropriate United States district court seeking damages.
SEC. 5. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT
DOCUMENTS.
Notwithstanding any other provision of law, an individual may not
be required to have received a COVID-19 vaccine as a condition for
obtaining a United States passport.
SEC. 6. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Federal Aviation Administration, shall
prohibit air carriers and foreign air carriers (as such terms are
defined in section 40102(a) of title 49, United States Code) from
denying an individual air transportation solely because such individual
has not been vaccinated against COVID-19.
(b) Rule of Construction.--This section does not prohibit the
United States Government from requiring that aliens receive a COVID-19
vaccine before entering the United States.
SEC. 7. CIVIL RIGHTS AND EDUCATIONAL OPPORTUNITIES.
(a) In General.--No public school or public college (as such terms
are defined in section 401 of the Civil Rights Act of 1964 (42 U.S.C.
2000c) may deny an individual access to the school or college based on
whether the individual has received a vaccine, including a vaccine for
COVID-19.
(b) Enforcement by the Attorney General.--The Attorney General may
enforce this section in the same manner as title IV of the Civil Rights
Act of 1964 (42 U.S.C. 2000c et seq.).
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that Jacobson v. Massachusetts (197
U.S. 11; 1905) should be overturned.
<all> | We Will Not Comply Act | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. | We Will Not Comply Act | Rep. Greene, Marjorie Taylor | R | GA | This bill prohibits discrimination based on an individual's COVID-19 vaccination status. Specifically, the bill bars certain commercial businesses from discriminating on the basis of an individual's COVID-19 vaccination status. In addition, the bill generally prohibits using federal funds to establish or enforce COVID-19 vaccination requirements. Further, federal funds may not be used to compel an individual with a religious objection to vaccinations to receive a vaccine. The bill also prohibits federal funding of educational institutions that require an individual to receive a COVID-19 vaccine to participate in academic or extracurricular activities. Additionally, a public school or public college may not deny access to the school or college based on whether an individual has received a vaccine, including the COVID-19 vaccine. Furthermore, air carriers may not deny an individual access to air transportation solely on the basis of COVID-19 vaccination status. The bill also prohibits proof of a COVID-19 vaccine as a condition of receiving a U.S. passport. The bill establishes a private right of action for individuals who have been discriminated against based on COVID-19 vaccine status or failure to comply with a requirement to wear a face covering. | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``We Will Not Comply Act''. 2. INTERSTATE COMMERCE. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. 3. FUNDING RIDERS. (a) In General.--No Federal funds may be used to require any individual to receive a COVID-19 vaccine, or to enforce any such requirement. (2) Definitions.--In this subsection: (A) The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (B) The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). 4. PRIVATE RIGHT OF ACTION. An individual who has been discriminated against on the basis of the individual's COVID-19 vaccine status, or the individual's failure to comply with a requirement to wear a face covering, may bring an action in the appropriate United States district court seeking damages. 5. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. Notwithstanding any other provision of law, an individual may not be required to have received a COVID-19 vaccine as a condition for obtaining a United States passport. 6. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. (b) Rule of Construction.--This section does not prohibit the United States Government from requiring that aliens receive a COVID-19 vaccine before entering the United States. 7. CIVIL RIGHTS AND EDUCATIONAL OPPORTUNITIES. 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. (b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that Jacobson v. Massachusetts (197 U.S. 11; 1905) should be overturned. | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``We Will Not Comply Act''. 2. INTERSTATE COMMERCE. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. 3. FUNDING RIDERS. (a) In General.--No Federal funds may be used to require any individual to receive a COVID-19 vaccine, or to enforce any such requirement. (2) Definitions.--In this subsection: (A) The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (B) The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). 4. PRIVATE RIGHT OF ACTION. 5. Notwithstanding any other provision of law, an individual may not be required to have received a COVID-19 vaccine as a condition for obtaining a United States passport. 6. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. (b) Rule of Construction.--This section does not prohibit the United States Government from requiring that aliens receive a COVID-19 vaccine before entering the United States. 7. CIVIL RIGHTS AND EDUCATIONAL OPPORTUNITIES. 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. 2000c et seq.). SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that Jacobson v. Massachusetts (197 U.S. 11; 1905) should be overturned. | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``We Will Not Comply Act''. SEC. 2. INTERSTATE COMMERCE. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. SEC. 3. FUNDING RIDERS. (a) In General.--No Federal funds may be used to require any individual to receive a COVID-19 vaccine, or to enforce any such requirement. (b) No Conditions for Educational Institutions.-- (1) In general.--No Federal funds may be made available to any elementary school, secondary school, or institution of higher education if such school or institution requires an individual to receive a COVID-19 vaccine as a condition for attendance or participation in any academic or extra-curricular activity, including sports teams, athletic clubs, or any other voluntary organization. (2) Definitions.--In this subsection: (A) The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (B) The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. SEC. 4. PRIVATE RIGHT OF ACTION. An individual who has been discriminated against on the basis of the individual's COVID-19 vaccine status, or the individual's failure to comply with a requirement to wear a face covering, may bring an action in the appropriate United States district court seeking damages. SEC. 5. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. Notwithstanding any other provision of law, an individual may not be required to have received a COVID-19 vaccine as a condition for obtaining a United States passport. SEC. 6. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. (b) Rule of Construction.--This section does not prohibit the United States Government from requiring that aliens receive a COVID-19 vaccine before entering the United States. SEC. 7. CIVIL RIGHTS AND EDUCATIONAL OPPORTUNITIES. (a) In General.--No public school or public college (as such terms are defined in section 401 of the Civil Rights Act of 1964 (42 U.S.C. 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. (b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that Jacobson v. Massachusetts (197 U.S. 11; 1905) should be overturned. <all> | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``We Will Not Comply Act''. SEC. 2. INTERSTATE COMMERCE. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. SEC. 3. FUNDING RIDERS. (a) In General.--No Federal funds may be used to require any individual to receive a COVID-19 vaccine, or to enforce any such requirement. (b) No Conditions for Educational Institutions.-- (1) In general.--No Federal funds may be made available to any elementary school, secondary school, or institution of higher education if such school or institution requires an individual to receive a COVID-19 vaccine as a condition for attendance or participation in any academic or extra-curricular activity, including sports teams, athletic clubs, or any other voluntary organization. (2) Definitions.--In this subsection: (A) The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (B) The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. SEC. 4. PRIVATE RIGHT OF ACTION. An individual who has been discriminated against on the basis of the individual's COVID-19 vaccine status, or the individual's failure to comply with a requirement to wear a face covering, may bring an action in the appropriate United States district court seeking damages. SEC. 5. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. Notwithstanding any other provision of law, an individual may not be required to have received a COVID-19 vaccine as a condition for obtaining a United States passport. SEC. 6. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. (b) Rule of Construction.--This section does not prohibit the United States Government from requiring that aliens receive a COVID-19 vaccine before entering the United States. SEC. 7. CIVIL RIGHTS AND EDUCATIONAL OPPORTUNITIES. (a) In General.--No public school or public college (as such terms are defined in section 401 of the Civil Rights Act of 1964 (42 U.S.C. 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. (b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that Jacobson v. Massachusetts (197 U.S. 11; 1905) should be overturned. <all> | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. ( 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. ( 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. ( 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. ( 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. ( 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. ( b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). | 582 |
453 | 6,540 | H.R.1550 | Health | Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021 or the PREVENT HPV Cancers Act of 2021
This bill reauthorizes through FY2026 and expands Department of Health and Human Services activities to educate health care providers and the public about human papillomavirus (HPV), its association with certain cancers, and the importance of HPV vaccines.
Specifically, the bill (1) requires relevant educational materials to include information about both cervical cancer and other HPV-associated cancers and about the importance of HPV vaccines, including for males; (2) expands the scope of a national education campaign about gynecologic cancers to address HPV-associated cancers more broadly and target specified, at-risk populations; and (3) authorizes demonstration projects to increase knowledge and awareness of gynecologic cancers. | To amend the Public Health Service Act to provide for a public
awareness campaign with respect to human papillomavirus, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Resources to Expand
Vaccination, Education, and New Treatments for HPV Cancers Act of
2021'' or the ``PREVENT HPV Cancers Act of 2021''.
SEC. 2. PREVENTING HPV AND HPV-ASSOCIATED CANCERS; REAUTHORIZING
JOHANNA'S LAW.
Section 317P of the Public Health Service Act (42 U.S.C. 247b-17)
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (B), by striking ``cervical'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) in subparagraph (D) by striking ``other'' and
all that follows through ``cancer.'' and inserting
``recommended diagnostics for early intervention for,
and prevention of, HPV-associated cancers; and''; and
(D) by adding at the end the following:
``(E) the importance of recommended vaccines for
prevention of HPV and HPV-associated cancers, including
for males;''; and
(2) by amending subsection (d) to read as follows:
``(d) Johanna's Law.--
``(1) National public awareness campaign.--
``(A) In general.--The Secretary shall carry out a
national campaign to increase the awareness and
knowledge of health care providers and individuals with
respect to gynecologic cancers, HPV, and HPV-associated
cancers, and the importance of HPV vaccines in
preventing HPV and HPV-associated cancers.
``(B) Written materials.--Activities under the
national campaign under subparagraph (A) shall
include--
``(i) maintaining a supply of written
materials that provide information to the
public on gynecologic cancers, HPV, and HPV-
associated cancers; and
``(ii) distributing the materials to
members of the public upon request.
``(C) Public service announcements.--Activities
under the national campaign under subparagraph (A)
shall, in accordance with applicable law and
regulations, include publishing materials in digital or
print form, public engagement, and developing and
placing public service announcements intended to
encourage individuals to discuss with their
physicians--
``(i) their risk of gynecologic cancers and
HPV-associated cancers; and
``(ii) the importance of HPV vaccines in
preventing HPV and HPV-associated cancers.
``(D) Targeted populations.--Activities under the
national campaign under subparagraph (A) shall include
culturally and linguistically competent public service
announcements and other forms of communication and
public engagement under subparagraph (C) targeted to--
``(i) specific higher-risk populations of
individuals based on race, ethnicity, level of
acculturation, and family history, including
African-American and Ashkenazi Jewish
individuals;
``(ii) communities with high rates of
unvaccinated individuals, including males;
``(iii) rural communities;
``(iv) populations affected by increasing
rates of oropharynx cancers;
``(v) health care providers specializing in
assisting survivors of sexual assault; and
``(vi) such other communities as the
Secretary determines appropriate.
``(2) Consultation.--In carrying out the national campaign
under this section, the Secretary shall consult with--
``(A) health care providers;
``(B) nonprofit organizations (including
gynecologic cancer organizations and organizations that
represent communities and individuals most affected by
HPV-associated cancers and low vaccination rates);
``(C) State and local public health departments;
and
``(D) elementary and secondary education
organizations and institutions of higher education.
``(3) Demonstration projects regarding outreach and
education strategies.--
``(A) In general.--
``(i) Program.--The Secretary may carry out
a program to award grants or contracts to
public or nonprofit private entities for the
purpose of carrying out demonstration projects
to test, compare, and evaluate different
evidence-based outreach and education
strategies to increase the awareness and
knowledge of women, their families, physicians,
nurses, and other key health professionals with
respect to gynecologic cancers, including with
respect to early warning signs, risk factors,
prevention, screening, and treatment options.
``(ii) Science-based resources.--In making
awards under clause (i), the Secretary shall
encourage awardees to use science-based
resources such as the Inside Knowledge About
Gynecologic Cancer education campaign of the
Centers for Disease Control and Prevention.
``(B) Preferences in awarding grants or
contracts.--In making awards under subparagraph (A),
the Secretary shall give preference to--
``(i) applicants with demonstrated
expertise in gynecologic cancer education or
treatment or in working with groups of women
who are at increased risk of gynecologic
cancers; and
``(ii) applicants that, in the
demonstration project funded by the grant or
contract, will establish linkages between
physicians, nurses, other key health
professionals, health profession students,
hospitals, payers, and State health
departments.
``(C) Application.--To seek a grant or contract
under subparagraph (A), an entity shall submit an
application to the Secretary in such form, in such
manner, and containing such agreements, assurances, and
information as the Secretary determines to be necessary
to carry out this paragraph.
``(D) Certain requirements.--In making awards under
subparagraph (A), the Secretary shall--
``(i) make awards, as practicable, to not
fewer than five applicants; and
``(ii) ensure that information provided
through demonstration projects under this
paragraph is consistent with the best available
medical information.
``(E) Report to congress.--Not later than 24 months
after the date of the enactment of the PREVENT HPV
Cancers Act of 2021, and annually thereafter, the
Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report that--
``(i) summarizes the activities of
demonstration projects under subparagraph (A);
``(ii) evaluates the extent to which the
projects were effective in increasing awareness
and knowledge of risk factors and early warning
signs in the populations to which the projects
were directed; and
``(iii) identifies barriers to early
detection and appropriate treatment of such
cancers.
``(4) Authorization of appropriations.--For the purpose of
carrying out this subsection,
there is authorized to be appropriated $25,000,000 for the
period of fiscal years 2022 through 2026.''.
Passed the House of Representatives November 30, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | PREVENT HPV Cancers Act of 2021 | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. | PREVENT HPV Cancers Act of 2021
Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021
PREVENT HPV Cancers Act of 2021
Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021
PREVENT HPV Cancers Act of 2021
Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021
PREVENT HPV Cancers Act of 2021
Promoting Resources to Expand Vaccination, Education and New Treatments for HPV Cancers Act of 2021 | Rep. Castor, Kathy | D | FL | This bill reauthorizes through FY2026 and expands Department of Health and Human Services activities to educate health care providers and the public about human papillomavirus (HPV), its association with certain cancers, and the importance of HPV vaccines. Specifically, the bill (1) requires relevant educational materials to include information about both cervical cancer and other HPV-associated cancers and about the importance of HPV vaccines, including for males; (2) expands the scope of a national education campaign about gynecologic cancers to address HPV-associated cancers more broadly and target specified, at-risk populations; and (3) authorizes demonstration projects to increase knowledge and awareness of gynecologic cancers. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. PREVENTING HPV AND HPV-ASSOCIATED CANCERS; REAUTHORIZING JOHANNA'S LAW. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(D) Targeted populations.--Activities under the national campaign under subparagraph (A) shall include culturally and linguistically competent public service announcements and other forms of communication and public engagement under subparagraph (C) targeted to-- ``(i) specific higher-risk populations of individuals based on race, ethnicity, level of acculturation, and family history, including African-American and Ashkenazi Jewish individuals; ``(ii) communities with high rates of unvaccinated individuals, including males; ``(iii) rural communities; ``(iv) populations affected by increasing rates of oropharynx cancers; ``(v) health care providers specializing in assisting survivors of sexual assault; and ``(vi) such other communities as the Secretary determines appropriate. ``(3) Demonstration projects regarding outreach and education strategies.-- ``(A) In general.-- ``(i) Program.--The Secretary may carry out a program to award grants or contracts to public or nonprofit private entities for the purpose of carrying out demonstration projects to test, compare, and evaluate different evidence-based outreach and education strategies to increase the awareness and knowledge of women, their families, physicians, nurses, and other key health professionals with respect to gynecologic cancers, including with respect to early warning signs, risk factors, prevention, screening, and treatment options. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. PREVENTING HPV AND HPV-ASSOCIATED CANCERS; REAUTHORIZING JOHANNA'S LAW. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' ``(D) Targeted populations.--Activities under the national campaign under subparagraph (A) shall include culturally and linguistically competent public service announcements and other forms of communication and public engagement under subparagraph (C) targeted to-- ``(i) specific higher-risk populations of individuals based on race, ethnicity, level of acculturation, and family history, including African-American and Ashkenazi Jewish individuals; ``(ii) communities with high rates of unvaccinated individuals, including males; ``(iii) rural communities; ``(iv) populations affected by increasing rates of oropharynx cancers; ``(v) health care providers specializing in assisting survivors of sexual assault; and ``(vi) such other communities as the Secretary determines appropriate. ``(3) Demonstration projects regarding outreach and education strategies.-- ``(A) In general.-- ``(i) Program.--The Secretary may carry out a program to award grants or contracts to public or nonprofit private entities for the purpose of carrying out demonstration projects to test, compare, and evaluate different evidence-based outreach and education strategies to increase the awareness and knowledge of women, their families, physicians, nurses, and other key health professionals with respect to gynecologic cancers, including with respect to early warning signs, risk factors, prevention, screening, and treatment options. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. Passed the House of Representatives November 30, 2021. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. PREVENTING HPV AND HPV-ASSOCIATED CANCERS; REAUTHORIZING JOHANNA'S LAW. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(D) Targeted populations.--Activities under the national campaign under subparagraph (A) shall include culturally and linguistically competent public service announcements and other forms of communication and public engagement under subparagraph (C) targeted to-- ``(i) specific higher-risk populations of individuals based on race, ethnicity, level of acculturation, and family history, including African-American and Ashkenazi Jewish individuals; ``(ii) communities with high rates of unvaccinated individuals, including males; ``(iii) rural communities; ``(iv) populations affected by increasing rates of oropharynx cancers; ``(v) health care providers specializing in assisting survivors of sexual assault; and ``(vi) such other communities as the Secretary determines appropriate. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(3) Demonstration projects regarding outreach and education strategies.-- ``(A) In general.-- ``(i) Program.--The Secretary may carry out a program to award grants or contracts to public or nonprofit private entities for the purpose of carrying out demonstration projects to test, compare, and evaluate different evidence-based outreach and education strategies to increase the awareness and knowledge of women, their families, physicians, nurses, and other key health professionals with respect to gynecologic cancers, including with respect to early warning signs, risk factors, prevention, screening, and treatment options. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. ``(E) Report to congress.--Not later than 24 months after the date of the enactment of the PREVENT HPV Cancers Act of 2021, and annually thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that-- ``(i) summarizes the activities of demonstration projects under subparagraph (A); ``(ii) evaluates the extent to which the projects were effective in increasing awareness and knowledge of risk factors and early warning signs in the populations to which the projects were directed; and ``(iii) identifies barriers to early detection and appropriate treatment of such cancers. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021'' or the ``PREVENT HPV Cancers Act of 2021''. SEC. 2. PREVENTING HPV AND HPV-ASSOCIATED CANCERS; REAUTHORIZING JOHANNA'S LAW. Section 317P of the Public Health Service Act (42 U.S.C. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' and inserting ``recommended diagnostics for early intervention for, and prevention of, HPV-associated cancers; and''; and (D) by adding at the end the following: ``(E) the importance of recommended vaccines for prevention of HPV and HPV-associated cancers, including for males;''; and (2) by amending subsection (d) to read as follows: ``(d) Johanna's Law.-- ``(1) National public awareness campaign.-- ``(A) In general.--The Secretary shall carry out a national campaign to increase the awareness and knowledge of health care providers and individuals with respect to gynecologic cancers, HPV, and HPV-associated cancers, and the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(D) Targeted populations.--Activities under the national campaign under subparagraph (A) shall include culturally and linguistically competent public service announcements and other forms of communication and public engagement under subparagraph (C) targeted to-- ``(i) specific higher-risk populations of individuals based on race, ethnicity, level of acculturation, and family history, including African-American and Ashkenazi Jewish individuals; ``(ii) communities with high rates of unvaccinated individuals, including males; ``(iii) rural communities; ``(iv) populations affected by increasing rates of oropharynx cancers; ``(v) health care providers specializing in assisting survivors of sexual assault; and ``(vi) such other communities as the Secretary determines appropriate. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(3) Demonstration projects regarding outreach and education strategies.-- ``(A) In general.-- ``(i) Program.--The Secretary may carry out a program to award grants or contracts to public or nonprofit private entities for the purpose of carrying out demonstration projects to test, compare, and evaluate different evidence-based outreach and education strategies to increase the awareness and knowledge of women, their families, physicians, nurses, and other key health professionals with respect to gynecologic cancers, including with respect to early warning signs, risk factors, prevention, screening, and treatment options. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. ``(E) Report to congress.--Not later than 24 months after the date of the enactment of the PREVENT HPV Cancers Act of 2021, and annually thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that-- ``(i) summarizes the activities of demonstration projects under subparagraph (A); ``(ii) evaluates the extent to which the projects were effective in increasing awareness and knowledge of risk factors and early warning signs in the populations to which the projects were directed; and ``(iii) identifies barriers to early detection and appropriate treatment of such cancers. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Section 317P of the Public Health Service Act (42 U.S.C. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Section 317P of the Public Health Service Act (42 U.S.C. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Section 317P of the Public Health Service Act (42 U.S.C. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Section 317P of the Public Health Service Act (42 U.S.C. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. | To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. | 969 |
454 | 7,037 | H.R.7846 | Armed Forces and National Security | Veterans' Compensation Cost-of-Living Adjustment Act of 2022
This act requires the Department of Veterans Affairs (VA) to increase the amounts payable for wartime disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Specifically, the VA must increase the amounts by the same percentage as the cost-of-living increase in benefits for Social Security recipients that is effective on December 1, 2022. The act requires the VA to publish the amounts payable, as increased, in the Federal Register.
The VA is authorized to make a similar adjustment to the rates of disability compensation payable to persons who have not received compensation for service-connected disability or death. | [117th Congress Public Law 191]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 2207]]
Public Law 117-191
117th Congress
An Act
To increase, effective as of December 1, 2022, the rates of compensation
for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for the survivors of certain
disabled veterans, and for other purposes. <<NOTE: Oct. 10,
2022 - [H.R. 7846]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans'
Compensation Cost-of-Living Adjustment Act of 2022. 38 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Compensation Cost-of-Living
Adjustment Act of 2022''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) <<NOTE: 38 USC 1114 note.>> Rate Adjustment.--Effective on
December 1, 2022, the Secretary of Veterans Affairs shall increase, in
accordance with subsection (c), the dollar amounts in effect on November
30, 2022, for the payment of disability compensation and dependency and
indemnity compensation under the provisions specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Wartime disability compensation.--Each of the dollar
amounts under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts under section 1115(1) of such title.
(3) Clothing allowance.--The dollar amount under section
1162 of such title.
(4) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts under subsections (a)
through (d) of section 1311 of such title.
(5) Dependency and indemnity compensation to children.--Each
of the dollar amounts under sections 1313(a) and 1314 of such
title.
(c) Determination of Increase.--Each dollar amount described in
subsection (b) shall be increased by the same percentage as the
percentage by which benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective December 1,
2022, as a result of a determination under section 215(i) of such Act
(42 U.S.C. 415(i)).
(d) <<NOTE: 38 USC 1114 note.>> Special Rule.--The Secretary of
Veterans Affairs may adjust administratively, consistent with the
increases made under subsection (a), the rates of disability
compensation payable to persons under section 10 of Public Law 85-857
(72 Stat. 1263) who have not received compensation under chapter 11 of
title 38, United States Code.
[[Page 136 STAT. 2208]]
SEC. 3. <<NOTE: Federal Register, publication. Deadline. 38 USC
1114 note.>> PUBLICATION OF ADJUSTED RATES.
The Secretary of Veterans Affairs shall publish in the Federal
Register the amounts specified in section 2(b), as increased under that
section, not later than the date on which the matters specified in
section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D))
are required to be published by reason of a determination made under
section 215(i) of such Act during fiscal year 2023.
Approved October 10, 2022.
LEGISLATIVE HISTORY--H.R. 7846:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Sept. 13, considered in House.
Sept. 14, prior proceedings vacated; considered and passed
House.
Sept. 22, considered and passed Senate.
<all> | Veterans' Compensation Cost-of-Living Adjustment Act of 2022 | To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. | Veterans’ Compensation Cost-of-Living Adjustment Act of 2022
Veterans’ Compensation Cost-of-Living Adjustment Act of 2022 | Rep. Luria, Elaine G. | D | VA | This act requires the Department of Veterans Affairs (VA) to increase the amounts payable for wartime disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Specifically, the VA must increase the amounts by the same percentage as the cost-of-living increase in benefits for Social Security recipients that is effective on December 1, 2022. The act requires the VA to publish the amounts payable, as increased, in the Federal Register. The VA is authorized to make a similar adjustment to the rates of disability compensation payable to persons who have not received compensation for service-connected disability or death. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2207]] Public Law 117-191 117th Congress An Act To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. 7846]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans' Compensation Cost-of-Living Adjustment Act of 2022. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of-Living Adjustment Act of 2022''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2022, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (d) <<NOTE: 38 USC 1114 note.>> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. [[Page 136 STAT. 2208]] SEC. 3. <<NOTE: Federal Register, publication. Deadline. The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Approved October 10, 2022. LEGISLATIVE HISTORY--H.R. 7846: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Sept. 13, considered in House. Sept. 14, prior proceedings vacated; considered and passed House. Sept. 22, considered and passed Senate. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of-Living Adjustment Act of 2022''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2022, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). 1263) who have not received compensation under chapter 11 of title 38, United States Code. [[Page 136 STAT. 2208]] SEC. 3. <<NOTE: Federal Register, publication. Deadline. The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Approved October 10, 2022. LEGISLATIVE HISTORY--H.R. 7846: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Sept. 13, considered in House. Sept. 14, prior proceedings vacated; considered and passed House. Sept. 22, considered and passed Senate. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2207]] Public Law 117-191 117th Congress An Act To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. <<NOTE: Oct. 10, 2022 - [H.R. 7846]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans' Compensation Cost-of-Living Adjustment Act of 2022. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of-Living Adjustment Act of 2022''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) <<NOTE: 38 USC 1114 note.>> Rate Adjustment.--Effective on December 1, 2022, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2022, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2022, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (d) <<NOTE: 38 USC 1114 note.>> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. [[Page 136 STAT. 2208]] SEC. 3. <<NOTE: Federal Register, publication. Deadline. 38 USC 1114 note.>> PUBLICATION OF ADJUSTED RATES. The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Approved October 10, 2022. LEGISLATIVE HISTORY--H.R. 7846: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Sept. 13, considered in House. Sept. 14, prior proceedings vacated; considered and passed House. Sept. 22, considered and passed Senate. <all> | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2207]] Public Law 117-191 117th Congress An Act To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. <<NOTE: Oct. 10, 2022 - [H.R. 7846]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans' Compensation Cost-of-Living Adjustment Act of 2022. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of-Living Adjustment Act of 2022''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) <<NOTE: 38 USC 1114 note.>> Rate Adjustment.--Effective on December 1, 2022, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2022, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2022, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (d) <<NOTE: 38 USC 1114 note.>> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. [[Page 136 STAT. 2208]] SEC. 3. <<NOTE: Federal Register, publication. Deadline. 38 USC 1114 note.>> PUBLICATION OF ADJUSTED RATES. The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Approved October 10, 2022. LEGISLATIVE HISTORY--H.R. 7846: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Sept. 13, considered in House. Sept. 14, prior proceedings vacated; considered and passed House. Sept. 22, considered and passed Senate. <all> | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. ( (3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( >> PUBLICATION OF ADJUSTED RATES. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Sept. 22, considered and passed Senate. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( (d) <<NOTE: 38 USC 1114 note. >> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. <<NOTE: Federal Register, publication. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( (d) <<NOTE: 38 USC 1114 note. >> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. <<NOTE: Federal Register, publication. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. ( (3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( >> PUBLICATION OF ADJUSTED RATES. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Sept. 22, considered and passed Senate. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( (d) <<NOTE: 38 USC 1114 note. >> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. <<NOTE: Federal Register, publication. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. ( (3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( >> PUBLICATION OF ADJUSTED RATES. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Sept. 22, considered and passed Senate. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( (d) <<NOTE: 38 USC 1114 note. >> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. <<NOTE: Federal Register, publication. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. ( (3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( >> PUBLICATION OF ADJUSTED RATES. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Sept. 22, considered and passed Senate. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( (d) <<NOTE: 38 USC 1114 note. >> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. <<NOTE: Federal Register, publication. | [117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. ( (3) Clothing allowance.--The dollar amount under section 1162 of such title. ( 5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. ( >> PUBLICATION OF ADJUSTED RATES. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Sept. 22, considered and passed Senate. | 547 |
456 | 5,071 | S.815 | Commerce | PPP Extension Act of 2021
This bill extends the Paycheck Protection Program, established to support small businesses in response to COVID-19, through June 30, 2021. Currently, the program is set to expire on March 31, 2021.
For the final 30 days of the program (i.e., from June 1 until June 30), the Small Business Administration (SBA) may only process applications submitted prior to June 1, and it may not accept any new loan applications. The bill also prohibits the SBA from prioritizing certain applications over others. | To amend the Small Business Act and the CARES Act to extend the covered
period for the paycheck protection 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 ``PPP Extension Act of 2021''.
SEC. 2. EXTENSION OF COVERED PERIOD FOR PAYCHECK PROTECTION PROGRAM.
(a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act
(15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``March 31,
2021'' and inserting ``June 30, 2021''.
(b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116-
136), as amended by section 323 of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act (title III of division N of
Public Law 116-260), is amended by striking ``March 31, 2021'' and
inserting ``June 30, 2021''.
(c) Restrictions.--
(1) Processing.--From June 1, 2021, through June 30, 2021,
the Administrator of the Small Business Administration shall
not accept new lender applications for loans under paragraph
(36) or (37) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)) and shall only process such lender applications
that have been submitted to the Administrator before June 1,
2021.
(2) Limitation on prioritization.--During the period
beginning on the date of enactment of this Act and ending on
the last day of the covered period, as defined in section
7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C.
636(a)(36)(A)(iii)), as amended by this Act, the Administrator
of the Small Business Administration may not establish or
enforce any priority for processing lender applications under
paragraph (36) or (37) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), except for any priority reasonably
necessary to carry out the set-asides established under section
323(d) of the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act (title III of division N of Public
Law 116-260).
<all> | PPP Extension Act of 2021 | A bill to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. | PPP Extension Act of 2021 | Sen. Rubio, Marco | R | FL | This bill extends the Paycheck Protection Program, established to support small businesses in response to COVID-19, through June 30, 2021. Currently, the program is set to expire on March 31, 2021. For the final 30 days of the program (i.e., from June 1 until June 30), the Small Business Administration (SBA) may only process applications submitted prior to June 1, and it may not accept any new loan applications. The bill also prohibits the SBA from prioritizing certain applications over others. | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection 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 ``PPP Extension Act of 2021''. SEC. 2. EXTENSION OF COVERED PERIOD FOR PAYCHECK PROTECTION PROGRAM. (a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (c) Restrictions.-- (1) Processing.--From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and shall only process such lender applications that have been submitted to the Administrator before June 1, 2021. (2) Limitation on prioritization.--During the period beginning on the date of enactment of this Act and ending on the last day of the covered period, as defined in section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)), as amended by this Act, the Administrator of the Small Business Administration may not establish or enforce any priority for processing lender applications under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), except for any priority reasonably necessary to carry out the set-asides established under section 323(d) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260). <all> | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection 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 ``PPP Extension Act of 2021''. SEC. 2. EXTENSION OF COVERED PERIOD FOR PAYCHECK PROTECTION PROGRAM. (a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (c) Restrictions.-- (1) Processing.--From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and shall only process such lender applications that have been submitted to the Administrator before June 1, 2021. (2) Limitation on prioritization.--During the period beginning on the date of enactment of this Act and ending on the last day of the covered period, as defined in section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)), as amended by this Act, the Administrator of the Small Business Administration may not establish or enforce any priority for processing lender applications under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), except for any priority reasonably necessary to carry out the set-asides established under section 323(d) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260). <all> | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection 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 ``PPP Extension Act of 2021''. SEC. 2. EXTENSION OF COVERED PERIOD FOR PAYCHECK PROTECTION PROGRAM. (a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (c) Restrictions.-- (1) Processing.--From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and shall only process such lender applications that have been submitted to the Administrator before June 1, 2021. (2) Limitation on prioritization.--During the period beginning on the date of enactment of this Act and ending on the last day of the covered period, as defined in section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)), as amended by this Act, the Administrator of the Small Business Administration may not establish or enforce any priority for processing lender applications under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), except for any priority reasonably necessary to carry out the set-asides established under section 323(d) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260). <all> | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection 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 ``PPP Extension Act of 2021''. SEC. 2. EXTENSION OF COVERED PERIOD FOR PAYCHECK PROTECTION PROGRAM. (a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (c) Restrictions.-- (1) Processing.--From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and shall only process such lender applications that have been submitted to the Administrator before June 1, 2021. (2) Limitation on prioritization.--During the period beginning on the date of enactment of this Act and ending on the last day of the covered period, as defined in section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)), as amended by this Act, the Administrator of the Small Business Administration may not establish or enforce any priority for processing lender applications under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), except for any priority reasonably necessary to carry out the set-asides established under section 323(d) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260). <all> | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. ( | 356 |
463 | 14,740 | H.R.5967 | Education | Protecting Religious Students from Vaccine Mandates Act of 2021
This bill requires public institutions of higher education (IHEs) to provide for a religious exemption from COVID-19 vaccination requirements.
Through December 31, 2024, a public IHE that has a COVID-19 vaccination requirement must (1) provide a reasonable opportunity for individuals to receive a religious exemption from the vaccination requirement, and (2) notify individuals who are subject to the vaccination requirement about the procedures to apply for the religious exemption.
An IHE must submit an annual report to the Department of Education certifying that the IHE meets these requirements. An IHE that denies a religious exemption to 20 or more individuals during a calendar year must provide additional information.
The bill generally prohibits an IHE from receiving federal funds if it does not comply with the religious exemption requirements outlined by this bill. | To ensure that institutions of higher education with COVID-19
vaccination requirements provide an opportunity for religious exemption
from such requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Religious Students from
Vaccine Mandates Act of 2021''.
SEC. 2. PROVISION OF RELIGIOUS EXEMPTION FROM COVID-19 VACCINATION
REQUIREMENTS.
(a) Religious Exemption Requirement.--A public institution of
higher education that has a COVID-19 vaccination requirement shall,
through December 31, 2024--
(1) provide a reasonable opportunity for an individual to
receive a religious exemption from such vaccination
requirement; and
(2) make a good-faith effort to notify individuals who are
subject to such vaccination requirement of the opportunity to
receive, and procedures to apply for, such a religious
exemption, using easily accessible forms of communication such
as the website of the institution or official digital or
written correspondence from the institution to such
individuals.
(b) Annual Report.--An institution of higher education described in
subsection (a) shall submit to the Secretary of Education an annual
report, for each calendar year through 2024, that--
(1) certifies that the institution meets the requirements
under paragraphs (1) and (2) of such subsection; and
(2) in the case of an institution that has denied such a
religious exemption to 20 or more individuals during a calendar
year, includes reasoning for such denials by such institution,
whether the exemptions were denied due to an undue hardship for
the institution, and if so, evidence to demonstrate such undue
hardship to the Secretary of the Education.
(c) Enforcement.--
(1) In general.--Unless the Secretary of Education has
determined that an institution of higher education is unable to
comply with the requirements under subsection (a) due to an
undue hardship for the institution based on evidence provided
in accordance with subsection (b)(2), a public institution of
higher education that has a COVID-19 vaccination requirement
and that fails to comply with the requirements under subsection
(a) shall not be awarded Federal funds for any purpose,
directly or indirectly, including through a contract or
subcontract, except that students at the institution may
receive Federal student financial aid.
(2) Sunset.--The authority to enforce compliance with the
requirements under subsection (a) shall expire on December 31,
2024.
(d) Rule of Construction.--Nothing in this Act shall be construed
as discouraging institutions of higher education from promoting or
offering COVID-19 vaccinations on campus.
(e) Definitions.--In this section:
(1) COVID-19 vaccination requirement.--The term ``COVID-19
vaccination requirement'' means any requirement by an
institution of higher education that, as a condition for
enrollment, attendance, receipt of student aid, participation
in athletics or other student activities, or employment at the
institution, requires an individual to have received one or
more vaccinations intended to prevent or mitigate the virus
that causes COVID-19.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Religious exemption.--The term ``religious exemption''
means an exemption granted to an individual to permit such
individual to be exempted from a COVID-19 vaccination
requirement of an institution of higher education if such
individual demonstrates that receiving such a vaccination would
violate the sincerely held religious beliefs of the individual.
<all> | Protecting Religious Students from Vaccine Mandates Act of 2021 | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. | Protecting Religious Students from Vaccine Mandates Act of 2021 | Rep. Norman, Ralph | R | SC | This bill requires public institutions of higher education (IHEs) to provide for a religious exemption from COVID-19 vaccination requirements. Through December 31, 2024, a public IHE that has a COVID-19 vaccination requirement must (1) provide a reasonable opportunity for individuals to receive a religious exemption from the vaccination requirement, and (2) notify individuals who are subject to the vaccination requirement about the procedures to apply for the religious exemption. An IHE must submit an annual report to the Department of Education certifying that the IHE meets these requirements. An IHE that denies a religious exemption to 20 or more individuals during a calendar year must provide additional information. The bill generally prohibits an IHE from receiving federal funds if it does not comply with the religious exemption requirements outlined by this bill. | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Religious Students from Vaccine Mandates Act of 2021''. SEC. 2. (b) Annual Report.--An institution of higher education described in subsection (a) shall submit to the Secretary of Education an annual report, for each calendar year through 2024, that-- (1) certifies that the institution meets the requirements under paragraphs (1) and (2) of such subsection; and (2) in the case of an institution that has denied such a religious exemption to 20 or more individuals during a calendar year, includes reasoning for such denials by such institution, whether the exemptions were denied due to an undue hardship for the institution, and if so, evidence to demonstrate such undue hardship to the Secretary of the Education. (c) Enforcement.-- (1) In general.--Unless the Secretary of Education has determined that an institution of higher education is unable to comply with the requirements under subsection (a) due to an undue hardship for the institution based on evidence provided in accordance with subsection (b)(2), a public institution of higher education that has a COVID-19 vaccination requirement and that fails to comply with the requirements under subsection (a) shall not be awarded Federal funds for any purpose, directly or indirectly, including through a contract or subcontract, except that students at the institution may receive Federal student financial aid. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. (d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Religious Students from Vaccine Mandates Act of 2021''. SEC. 2. (b) Annual Report.--An institution of higher education described in subsection (a) shall submit to the Secretary of Education an annual report, for each calendar year through 2024, that-- (1) certifies that the institution meets the requirements under paragraphs (1) and (2) of such subsection; and (2) in the case of an institution that has denied such a religious exemption to 20 or more individuals during a calendar year, includes reasoning for such denials by such institution, whether the exemptions were denied due to an undue hardship for the institution, and if so, evidence to demonstrate such undue hardship to the Secretary of the Education. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Religious Students from Vaccine Mandates Act of 2021''. SEC. 2. PROVISION OF RELIGIOUS EXEMPTION FROM COVID-19 VACCINATION REQUIREMENTS. (a) Religious Exemption Requirement.--A public institution of higher education that has a COVID-19 vaccination requirement shall, through December 31, 2024-- (1) provide a reasonable opportunity for an individual to receive a religious exemption from such vaccination requirement; and (2) make a good-faith effort to notify individuals who are subject to such vaccination requirement of the opportunity to receive, and procedures to apply for, such a religious exemption, using easily accessible forms of communication such as the website of the institution or official digital or written correspondence from the institution to such individuals. (b) Annual Report.--An institution of higher education described in subsection (a) shall submit to the Secretary of Education an annual report, for each calendar year through 2024, that-- (1) certifies that the institution meets the requirements under paragraphs (1) and (2) of such subsection; and (2) in the case of an institution that has denied such a religious exemption to 20 or more individuals during a calendar year, includes reasoning for such denials by such institution, whether the exemptions were denied due to an undue hardship for the institution, and if so, evidence to demonstrate such undue hardship to the Secretary of the Education. (c) Enforcement.-- (1) In general.--Unless the Secretary of Education has determined that an institution of higher education is unable to comply with the requirements under subsection (a) due to an undue hardship for the institution based on evidence provided in accordance with subsection (b)(2), a public institution of higher education that has a COVID-19 vaccination requirement and that fails to comply with the requirements under subsection (a) shall not be awarded Federal funds for any purpose, directly or indirectly, including through a contract or subcontract, except that students at the institution may receive Federal student financial aid. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. (d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. <all> | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Religious Students from Vaccine Mandates Act of 2021''. SEC. 2. PROVISION OF RELIGIOUS EXEMPTION FROM COVID-19 VACCINATION REQUIREMENTS. (a) Religious Exemption Requirement.--A public institution of higher education that has a COVID-19 vaccination requirement shall, through December 31, 2024-- (1) provide a reasonable opportunity for an individual to receive a religious exemption from such vaccination requirement; and (2) make a good-faith effort to notify individuals who are subject to such vaccination requirement of the opportunity to receive, and procedures to apply for, such a religious exemption, using easily accessible forms of communication such as the website of the institution or official digital or written correspondence from the institution to such individuals. (b) Annual Report.--An institution of higher education described in subsection (a) shall submit to the Secretary of Education an annual report, for each calendar year through 2024, that-- (1) certifies that the institution meets the requirements under paragraphs (1) and (2) of such subsection; and (2) in the case of an institution that has denied such a religious exemption to 20 or more individuals during a calendar year, includes reasoning for such denials by such institution, whether the exemptions were denied due to an undue hardship for the institution, and if so, evidence to demonstrate such undue hardship to the Secretary of the Education. (c) Enforcement.-- (1) In general.--Unless the Secretary of Education has determined that an institution of higher education is unable to comply with the requirements under subsection (a) due to an undue hardship for the institution based on evidence provided in accordance with subsection (b)(2), a public institution of higher education that has a COVID-19 vaccination requirement and that fails to comply with the requirements under subsection (a) shall not be awarded Federal funds for any purpose, directly or indirectly, including through a contract or subcontract, except that students at the institution may receive Federal student financial aid. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. (d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. <all> | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( 3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( 3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( 3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( 3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( 3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. | To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. ( d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | 574 |
465 | 5,801 | H.R.7133 | Government Operations and Politics | Closing Loopholes, Ending Anonymous Revolving Doors Act or the CLEAR Doors Act
This act requires a lobbyist who engages in special lobbying activities to file a report on those activities within 48 hours with the Secretary of the Senate and the Clerk of the House of Representatives. Special lobbying occurs when a lobbyist who was employed by an executive branch agency in the past four years engages in lobbying activity with an executive official of that agency. | To amend the Lobbying Disclosure Act of 1995 to require certain
lobbyists to report certain contacts with agencies within 48 hours, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing Loopholes, Ending Anonymous
Revolving Doors Act'' or the ``CLEAR Doors Act''.
SEC. 2. REPORTING REQUIREMENTS.
(a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of
1995 (2 U.S.C. 1604) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) 48-Hour Reports.--
``(1) In general.--No later than 48 hours after a lobbyist
engages in special lobbying activities, the registrant involved
shall file a report with the Secretary of the Senate and the
Clerk of the House of Representatives on such activities.
``(2) Contents of report.--Each report filed under
paragraph (1) shall contain the following items:
``(A) The name of the registrant.
``(B) The name of the client.
``(C) The name of the covered executive branch
official of the agency.
``(D) A description of the issue discussed before
such agency official.
``(E) The date on which such lobbying activities
occurred.
``(3) Special rule for new registrants.--If a lobbyist
engages in special lobbying activities prior to the
registration of the lobbyist (or, if applicable, the
organization employing such lobbyist) with the Secretary of the
Senate and the Clerk of the House of Representatives under
section 4(a), the lobbyist or organization shall register with
the Secretary and the Clerk under such section not later than
48 hours after the lobbyist or organization engages in such
activities.
``(4) Special lobbying activities defined.--In this
subsection, the term `special lobbying activities' means any
lobbying activity consisting of a lobbying contact made by an
employee of a client with a covered executive branch official
of an agency of which such lobbyist was formerly employed
during the 4-year period that ends on the date of such
contact.''.
(b) Lobbyist Definition.--Section 3(10) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602(10)) is amended to read as follows:
``(10) Lobbyist.--
``(A) In general.--Except as provided in
subparagraph (B), term `lobbyist' means any individual
who is employed or retained by a client for financial
or other compensation for services that include more
than one lobbying contact.
``(B) Exception.--
``(i) 20 percent rule.--Except as provided
in clause (ii), subparagraph (A) does not apply
to an individual with respect to a client if
the individual's lobbying activities constitute
less than 20 percent of the time engaged in the
services provided by such individual to that
client over a 3-month period.
``(ii) Special lobbying activities
exception.--Clause (i) does not apply to
special lobbying activities under section
5(e).''.
(c) Conforming and Technical Amendments.--
(1) Lobbyist registration.--Section 4(a)(1) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by
striking ``No later than'' and inserting ``Except as provided
in section 5(e)(3), no later than''.
(2) Cross-reference.--Section 6(a)(4) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605(a)(4)) is amended by
striking ``section 5(e)'' and inserting ``section 5(f)''.
(d) Effective Date.--The amendments made by this section shall
apply to lobbying activities occurring on or after the date of the
enactment of this Act.
<all> | CLEAR Doors Act | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. | CLEAR Doors Act
Closing Loopholes, Ending Anonymous Revolving Doors Act | Rep. O'Halleran, Tom | D | AZ | This act requires a lobbyist who engages in special lobbying activities to file a report on those activities within 48 hours with the Secretary of the Senate and the Clerk of the House of Representatives. Special lobbying occurs when a lobbyist who was employed by an executive branch agency in the past four years engages in lobbying activity with an executive official of that agency. | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing Loopholes, Ending Anonymous Revolving Doors Act'' or the ``CLEAR Doors Act''. SEC. 2. REPORTING REQUIREMENTS. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(2) Contents of report.--Each report filed under paragraph (1) shall contain the following items: ``(A) The name of the registrant. ``(B) The name of the client. ``(C) The name of the covered executive branch official of the agency. ``(D) A description of the issue discussed before such agency official. ``(E) The date on which such lobbying activities occurred. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. ``(ii) Special lobbying activities exception.--Clause (i) does not apply to special lobbying activities under section 5(e).''. (c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. (2) Cross-reference.--Section 6(a)(4) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(4)) is amended by striking ``section 5(e)'' and inserting ``section 5(f)''. (d) Effective Date.--The amendments made by this section shall apply to lobbying activities occurring on or after the date of the enactment of this Act. | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing Loopholes, Ending Anonymous Revolving Doors Act'' or the ``CLEAR Doors Act''. SEC. 2. REPORTING REQUIREMENTS. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(2) Contents of report.--Each report filed under paragraph (1) shall contain the following items: ``(A) The name of the registrant. ``(B) The name of the client. ``(C) The name of the covered executive branch official of the agency. ``(D) A description of the issue discussed before such agency official. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. ``(ii) Special lobbying activities exception.--Clause (i) does not apply to special lobbying activities under section 5(e).''. (c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. (d) Effective Date.--The amendments made by this section shall apply to lobbying activities occurring on or after the date of the enactment of this Act. | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing Loopholes, Ending Anonymous Revolving Doors Act'' or the ``CLEAR Doors Act''. SEC. 2. REPORTING REQUIREMENTS. (a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(2) Contents of report.--Each report filed under paragraph (1) shall contain the following items: ``(A) The name of the registrant. ``(B) The name of the client. ``(C) The name of the covered executive branch official of the agency. ``(D) A description of the issue discussed before such agency official. ``(E) The date on which such lobbying activities occurred. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. (b) Lobbyist Definition.--Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. ``(ii) Special lobbying activities exception.--Clause (i) does not apply to special lobbying activities under section 5(e).''. (c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. (2) Cross-reference.--Section 6(a)(4) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(4)) is amended by striking ``section 5(e)'' and inserting ``section 5(f)''. (d) Effective Date.--The amendments made by this section shall apply to lobbying activities occurring on or after the date of the enactment of this Act. <all> | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing Loopholes, Ending Anonymous Revolving Doors Act'' or the ``CLEAR Doors Act''. SEC. 2. REPORTING REQUIREMENTS. (a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(2) Contents of report.--Each report filed under paragraph (1) shall contain the following items: ``(A) The name of the registrant. ``(B) The name of the client. ``(C) The name of the covered executive branch official of the agency. ``(D) A description of the issue discussed before such agency official. ``(E) The date on which such lobbying activities occurred. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. (b) Lobbyist Definition.--Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. ``(ii) Special lobbying activities exception.--Clause (i) does not apply to special lobbying activities under section 5(e).''. (c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. (2) Cross-reference.--Section 6(a)(4) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(4)) is amended by striking ``section 5(e)'' and inserting ``section 5(f)''. (d) Effective Date.--The amendments made by this section shall apply to lobbying activities occurring on or after the date of the enactment of this Act. <all> | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. ( ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. ``(C) The name of the covered executive branch official of the agency. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. ``(C) The name of the covered executive branch official of the agency. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. ( ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. ``(C) The name of the covered executive branch official of the agency. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. ( ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. ``(C) The name of the covered executive branch official of the agency. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. ( ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. ``(C) The name of the covered executive branch official of the agency. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. ( ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. ( | 587 |
468 | 1,858 | S.1327 | Finance and Financial Sector | Federal Reserve Racial and Economic Equity Act
This bill requires the Federal Reserve Board to carry out its duties in a manner that supports the elimination of racial and ethnic disparities in employment, income, wealth, and access to affordable credit. The board must report on disparities in labor force trends as well as on plans and activities of the board to minimize and eliminate these disparities. | To amend the Federal Reserve Act to add additional demographic
reporting requirements, to modify the goals of the Federal Reserve
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.
This Act may be cited as the ``Federal Reserve Racial and Economic
Equity Act''.
SEC. 2. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES.
The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by
inserting after section 2B the following:
``SEC. 2C. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES.
``The Board of Governors of the Federal Reserve System and the
Federal Open Market Committee shall exercise all duties and functions
in a manner that fosters the elimination of disparities across racial
and ethnic groups with respect to employment, income, wealth, and
access to affordable credit, including actions in carrying out--
``(1) monetary policy;
``(2) regulation and supervision of banks, thrifts, bank
holding companies, savings and loan holding companies, and
nonbank financial companies and systemically important
financial market utilities designated by the Financial
Stability Oversight Council;
``(3) operation of payment systems;
``(4) implementation of the Community Reinvestment Act of
1977;
``(5) enforcement of fair lending laws; and
``(6) community development functions.''.
SEC. 3. APPEARANCES BEFORE AND REPORTS TO THE CONGRESS.
Section 2B of the Federal Reserve Act (12 U.S.C. 225b) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) economic developments and prospects for the
future described in the report required in subsection
(b), including a discussion of disparities in
employment, income, and wealth across racial and ethnic
groups as well as other specific segments of the
population; and
``(C) plans, activities, and actions of the Board
and the Federal Open Market Committee to minimize and
eliminate disparities across racial and ethnic groups
with respect to employment, wages, wealth, and access
to affordable credit pursuant to section 2C.''; and
(2) in subsection (b)--
(A) by striking ``The Board'' and inserting the
following:
``(1) In general.--The Board''; and
(B) by adding at the end the following:
``(2) Trend information.--
``(A) In general.--Each report required under
paragraph (1) shall include recent trends in the
unemployment rate, labor force participation rate,
employment to population ratio, median household
income, and change in real earnings.
``(B) Demographic information.--The trends required
to be reported under subparagraph (A) shall include a
comparison among different demographic groups,
including race (White, African-American, Latino, Native
American, and Asian populations), ethnicity, gender,
and educational attainment.''.
<all> | Federal Reserve Racial and Economic Equity Act | A bill to amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. | Federal Reserve Racial and Economic Equity Act | Sen. Warren, Elizabeth | D | MA | This bill requires the Federal Reserve Board to carry out its duties in a manner that supports the elimination of racial and ethnic disparities in employment, income, wealth, and access to affordable credit. The board must report on disparities in labor force trends as well as on plans and activities of the board to minimize and eliminate these disparities. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve 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. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. SEC. 2. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 2B the following: ``SEC. 2C. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. ``The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall exercise all duties and functions in a manner that fosters the elimination of disparities across racial and ethnic groups with respect to employment, income, wealth, and access to affordable credit, including actions in carrying out-- ``(1) monetary policy; ``(2) regulation and supervision of banks, thrifts, bank holding companies, savings and loan holding companies, and nonbank financial companies and systemically important financial market utilities designated by the Financial Stability Oversight Council; ``(3) operation of payment systems; ``(4) implementation of the Community Reinvestment Act of 1977; ``(5) enforcement of fair lending laws; and ``(6) community development functions.''. SEC. 3. APPEARANCES BEFORE AND REPORTS TO THE CONGRESS. Section 2B of the Federal Reserve Act (12 U.S.C. 225b) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) economic developments and prospects for the future described in the report required in subsection (b), including a discussion of disparities in employment, income, and wealth across racial and ethnic groups as well as other specific segments of the population; and ``(C) plans, activities, and actions of the Board and the Federal Open Market Committee to minimize and eliminate disparities across racial and ethnic groups with respect to employment, wages, wealth, and access to affordable credit pursuant to section 2C.''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. <all> | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve 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. 2. The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 2B the following: ``SEC. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. ``The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall exercise all duties and functions in a manner that fosters the elimination of disparities across racial and ethnic groups with respect to employment, income, wealth, and access to affordable credit, including actions in carrying out-- ``(1) monetary policy; ``(2) regulation and supervision of banks, thrifts, bank holding companies, savings and loan holding companies, and nonbank financial companies and systemically important financial market utilities designated by the Financial Stability Oversight Council; ``(3) operation of payment systems; ``(4) implementation of the Community Reinvestment Act of 1977; ``(5) enforcement of fair lending laws; and ``(6) community development functions.''. 3. APPEARANCES BEFORE AND REPORTS TO THE CONGRESS. 225b) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) economic developments and prospects for the future described in the report required in subsection (b), including a discussion of disparities in employment, income, and wealth across racial and ethnic groups as well as other specific segments of the population; and ``(C) plans, activities, and actions of the Board and the Federal Open Market Committee to minimize and eliminate disparities across racial and ethnic groups with respect to employment, wages, wealth, and access to affordable credit pursuant to section 2C. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve 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. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. SEC. 2. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 2B the following: ``SEC. 2C. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. ``The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall exercise all duties and functions in a manner that fosters the elimination of disparities across racial and ethnic groups with respect to employment, income, wealth, and access to affordable credit, including actions in carrying out-- ``(1) monetary policy; ``(2) regulation and supervision of banks, thrifts, bank holding companies, savings and loan holding companies, and nonbank financial companies and systemically important financial market utilities designated by the Financial Stability Oversight Council; ``(3) operation of payment systems; ``(4) implementation of the Community Reinvestment Act of 1977; ``(5) enforcement of fair lending laws; and ``(6) community development functions.''. SEC. 3. APPEARANCES BEFORE AND REPORTS TO THE CONGRESS. Section 2B of the Federal Reserve Act (12 U.S.C. 225b) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) economic developments and prospects for the future described in the report required in subsection (b), including a discussion of disparities in employment, income, and wealth across racial and ethnic groups as well as other specific segments of the population; and ``(C) plans, activities, and actions of the Board and the Federal Open Market Committee to minimize and eliminate disparities across racial and ethnic groups with respect to employment, wages, wealth, and access to affordable credit pursuant to section 2C.''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. <all> | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve 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. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. SEC. 2. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 2B the following: ``SEC. 2C. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. ``The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall exercise all duties and functions in a manner that fosters the elimination of disparities across racial and ethnic groups with respect to employment, income, wealth, and access to affordable credit, including actions in carrying out-- ``(1) monetary policy; ``(2) regulation and supervision of banks, thrifts, bank holding companies, savings and loan holding companies, and nonbank financial companies and systemically important financial market utilities designated by the Financial Stability Oversight Council; ``(3) operation of payment systems; ``(4) implementation of the Community Reinvestment Act of 1977; ``(5) enforcement of fair lending laws; and ``(6) community development functions.''. SEC. 3. APPEARANCES BEFORE AND REPORTS TO THE CONGRESS. Section 2B of the Federal Reserve Act (12 U.S.C. 225b) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) economic developments and prospects for the future described in the report required in subsection (b), including a discussion of disparities in employment, income, and wealth across racial and ethnic groups as well as other specific segments of the population; and ``(C) plans, activities, and actions of the Board and the Federal Open Market Committee to minimize and eliminate disparities across racial and ethnic groups with respect to employment, wages, wealth, and access to affordable credit pursuant to section 2C.''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. <all> | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. Section 2B of the Federal Reserve Act (12 U.S.C. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. ''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. ''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. Section 2B of the Federal Reserve Act (12 U.S.C. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. ''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. Section 2B of the Federal Reserve Act (12 U.S.C. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. ''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. Section 2B of the Federal Reserve Act (12 U.S.C. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. ''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. Section 2B of the Federal Reserve Act (12 U.S.C. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. | 440 |
470 | 13,260 | H.R.6872 | Government Operations and Politics | Election Worker and Polling Place Protection Act
This bill addresses certain protections for election workers and polling places.
In particular, the bill prohibits, with enhanced penalties for certain types of threats and harms (1) intimidation of poll watchers, election officials, and election agents, vendors, and contractors involving violence or threats of harm; and (2) physical damage to or threats to physically damage a polling place, tabulation center, or other election infrastructure. | To protect election workers and polling places.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Worker and Polling Place
Protection Act''.
SEC. 2. ELECTION WORKER AND POLLING PLACE PROTECTION.
Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is
amended by adding at the end the following:
``(f)(1) Whoever, whether or not acting under color of law, by
force or threat of force, or violence, or threat of harm to any person
or property, willfully intimidates or interferes with, or attempts to
intimidate or interfere with, the ability of any person or any class of
persons to vote or qualify to vote, or to qualify or act as a poll
watcher, or any legally authorized election official, in any primary,
special, or general election, or any person who is, or is employed by,
an agent, contractor, or vendor of a legally authorized election
official assisting in the administration of any primary, special, or
general election, shall be fined not more than $5,000, or imprisoned
not more than one year, or both; and if bodily injury results from the
acts committed in violation of this paragraph or if such acts include
the use, attempted use, or threatened use of a dangerous weapon,
explosives, or fire, shall be fined not more than $5,000 or imprisoned
not more than 5 years, or both.
``(2) Whoever, whether or not acting under color of law, willfully
physically damages or threatens to physically damage any physical
property being used as a polling place or tabulation center or other
election infrastructure, with the intent to interfere with the
administration of an election or the tabulation or certification of
votes, shall be fined not more than $5,000, or imprisoned not more than
one year, or both; and if bodily injury results from the acts committed
in violation of this paragraph or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or
fire, shall be fined not more than $5,000 or imprisoned not more than 5
years, or both.
``(3) For purposes of this subsection, de minimus damage or threats
of de minimus damage to physical property shall not be considered a
violation of this subsection.
``(4) For purposes of this subsection, the term `election
infrastructure' means any office of an election official, staff,
worker, or volunteer or any physical, mechanical, or electrical device,
structure, or tangible item used in the process of creating,
distributing, voting, returning, counting, tabulating, auditing,
storing, or other handling of voter registration or ballot information.
``(g) No prosecution of any offense described in this subsection
may be undertaken by the United States, except under the certification
in writing of the Attorney General, or a designee, that--
``(1) the State does not have jurisdiction;
``(2) the State has requested that the Federal Government
assume jurisdiction; or
``(3) a prosecution by the United States is in the public
interest and necessary to secure substantial justice.''.
<all> | Election Worker and Polling Place Protection Act | To protect election workers and polling places. | Election Worker and Polling Place Protection Act | Rep. Levin, Andy | D | MI | This bill addresses certain protections for election workers and polling places. In particular, the bill prohibits, with enhanced penalties for certain types of threats and harms (1) intimidation of poll watchers, election officials, and election agents, vendors, and contractors involving violence or threats of harm; and (2) physical damage to or threats to physically damage a polling place, tabulation center, or other election infrastructure. | 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. ELECTION WORKER AND POLLING PLACE PROTECTION. Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by adding at the end the following: ``(f)(1) Whoever, whether or not acting under color of law, by force or threat of force, or violence, or threat of harm to any person or property, willfully intimidates or interferes with, or attempts to intimidate or interfere with, the ability of any person or any class of persons to vote or qualify to vote, or to qualify or act as a poll watcher, or any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(2) Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of an election or the tabulation or certification of votes, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. | SHORT TITLE. SEC. 2. ELECTION WORKER AND POLLING PLACE PROTECTION. Section 11 of the Voting Rights Act of 1965 (52 U.S.C. ``(2) Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of an election or the tabulation or certification of votes, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. | To protect election workers and polling places. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. SEC. 2. ELECTION WORKER AND POLLING PLACE PROTECTION. Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by adding at the end the following: ``(f)(1) Whoever, whether or not acting under color of law, by force or threat of force, or violence, or threat of harm to any person or property, willfully intimidates or interferes with, or attempts to intimidate or interfere with, the ability of any person or any class of persons to vote or qualify to vote, or to qualify or act as a poll watcher, or any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(2) Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of an election or the tabulation or certification of votes, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. <all> | To protect election workers and polling places. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. SEC. 2. ELECTION WORKER AND POLLING PLACE PROTECTION. Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by adding at the end the following: ``(f)(1) Whoever, whether or not acting under color of law, by force or threat of force, or violence, or threat of harm to any person or property, willfully intimidates or interferes with, or attempts to intimidate or interfere with, the ability of any person or any class of persons to vote or qualify to vote, or to qualify or act as a poll watcher, or any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(2) Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of an election or the tabulation or certification of votes, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. <all> | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. | To protect election workers and polling places. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. | 520 |
473 | 9,489 | H.R.8828 | Health | FDA Ethics Act of 2022
This bill establishes several requirements for entities that contract with the Food and Drug Administration (FDA) relating to conflicts of interest, including requiring contractors to disclose conflicts of interest on an ongoing basis and prohibiting the FDA from hiring consultants who simultaneously provide services to drug manufacturers or other entities that are regulated by the FDA. | To address potential conflicts of interest among entities serving as
Food and Drug Administration contractors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Ethics Act of 2022''.
SEC. 2. REQUIREMENTS REGARDING ONGOING REPORTING OF CONTRACTOR
CONFLICTS OF INTEREST.
(a) In General.--The Secretary of Health and Human Services shall
require entities that contract with the Food and Drug Administration--
(1) to disclose, on an ongoing basis during the term of the
contract, any information related to potential and actual
conflicts of interest, including conflicts of interest
concerning the contractor's personnel, consultants, and
subcontractors; and
(2) during the term of the contract, to refrain from
entering into consulting or other contractual arrangements with
any person to perform work that may reasonably create a
potential or actual conflict of interest, without receiving the
written approval of the contracting officer before the
execution of the contractual arrangement.
(b) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the Federal
Acquisition Regulatory Council, shall issue regulations to carry out
subsection (a).
SEC. 3. REQUIREMENTS REGARDING WAIVERS RELATING TO ORGANIZATIONAL
CONFLICTS OF INTEREST.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall, not later
than 14 days after awarding a contract relating to the Food and Drug
Administration, publish, on the website of the Food and Drug
Administration, a notification of any waiver of any requirements
regarding a potential or actual organizational conflict of interest
granted to the contractor. Such notification shall be made publicly
available in an easily accessible format, and shall include the name of
the contract, the contractor receiving the waiver, the other contracts
or clients that created the potential or actual organizational conflict
of interest, and the efforts that the contractor plans to take to
mitigate the potential or actual organizational conflict of interest.
(b) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the Federal
Acquisition Regulatory Council, shall issue regulations to carry out
subsection (a).
SEC. 4. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS.
(a) Prohibition Against Certain Contracts.--
(1) In general.--Subject to paragraph (2), the Secretary of
Health and Human Services (referred to in this section as the
``Secretary'') shall not award a contract relating to the
duties of the Food and Drug Administration to any person
providing consulting services (referred to in this section as a
``consulting firm'') unless such contract provides that, during
the restricted period described in paragraph (3), subject to
paragraph (2), no individual employee or subcontractor of such
consulting firm may provide services to both--
(A) the Food and Drug and Administration under the
consulting firm's contract; and
(B)(i) a person engaged in the development or
manufacturing of a device, drug, or biological product;
or
(ii) any other private entity engaged in activities
regulated by the Food and Drug Administration.
(2) Exception.--
(A) In general.--The Secretary may issue an
exception to the requirement under paragraph (1) with
respect to an employee or subcontractor of a consulting
firm only if the Secretary or designee determines in
writing that there is a compelling reason to award a
contract with such consulting firm with such exception.
The Secretary shall not delegate the authority to issue
exceptions under this subparagraph below the level of
head of a contracting activity.
(B) Reporting.--Not later than 14 days after
issuing an exception under subparagraph (A), the
Secretary shall publish, on the website of the Food and
Drug Administration, a notification of the exception.
Such notification shall be made publicly available in
an easily accessible format, and shall include--
(i) the name of the contract;
(ii) the consulting firm receiving the
exception, and the employee or subcontractor to
whom the exception applies;
(iii) the other contracts or clients that
would, in the absence of the exception, cause
the consulting firm to be in violation of
paragraph (1); and
(iv) the efforts that the consulting firm
plans to take to mitigate any potential or
actual conflict of interest arising from the
other work of its employees or subcontractors.
(3) Restricted period.--
(A) In general.--For purposes of paragraph (1), the
restricted period is the period that--
(i) begins when the applicable employee or
subcontractor of the consulting firm first
provides services under the consulting firm's
contract; and
(ii) ends not less than the applicable
period specified in subparagraph (B) after the
last date on which such employee or
subcontractor provides services under the
consulting firm's contract.
(B) Applicable period specified.--For purposes of
subparagraph (A)(ii), the applicable period specified
in this subparagraph is--
(i) 30 days; or
(ii) such longer period of time as the
Secretary may specify after consultation with
the Federal Acquisition Regulatory Council,
which shall apply with respect to all
exceptions issued under paragraph (2).
(b) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the Federal
Acquisition Regulatory Council, shall issue regulations to carry out
subsection (a).
(c) Definition.--In this section, the term ``consulting
services''--
(1) means providing advice or recommendations to improve
organizational effectiveness; and
(2) does not include services provided pursuant to a
contract related to regulatory science research, public health
surveillance, or information technology, or services provided
by a small business concern.
<all> | FDA Ethics Act of 2022 | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. | FDA Ethics Act of 2022 | Rep. Kuster, Ann M. | D | NH | This bill establishes several requirements for entities that contract with the Food and Drug Administration (FDA) relating to conflicts of interest, including requiring contractors to disclose conflicts of interest on an ongoing basis and prohibiting the FDA from hiring consultants who simultaneously provide services to drug manufacturers or other entities that are regulated by the FDA. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Ethics Act of 2022''. (a) In General.--The Secretary of Health and Human Services shall require entities that contract with the Food and Drug Administration-- (1) to disclose, on an ongoing basis during the term of the contract, any information related to potential and actual conflicts of interest, including conflicts of interest concerning the contractor's personnel, consultants, and subcontractors; and (2) during the term of the contract, to refrain from entering into consulting or other contractual arrangements with any person to perform work that may reasonably create a potential or actual conflict of interest, without receiving the written approval of the contracting officer before the execution of the contractual arrangement. 3. REQUIREMENTS REGARDING WAIVERS RELATING TO ORGANIZATIONAL CONFLICTS OF INTEREST. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. SEC. 4. (2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. (B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 3. REQUIREMENTS REGARDING WAIVERS RELATING TO ORGANIZATIONAL CONFLICTS OF INTEREST. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. SEC. 4. (2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. (B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Ethics Act of 2022''. (a) In General.--The Secretary of Health and Human Services shall require entities that contract with the Food and Drug Administration-- (1) to disclose, on an ongoing basis during the term of the contract, any information related to potential and actual conflicts of interest, including conflicts of interest concerning the contractor's personnel, consultants, and subcontractors; and (2) during the term of the contract, to refrain from entering into consulting or other contractual arrangements with any person to perform work that may reasonably create a potential or actual conflict of interest, without receiving the written approval of the contracting officer before the execution of the contractual arrangement. 3. REQUIREMENTS REGARDING WAIVERS RELATING TO ORGANIZATIONAL CONFLICTS OF INTEREST. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. SEC. 4. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. (a) Prohibition Against Certain Contracts.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall not award a contract relating to the duties of the Food and Drug Administration to any person providing consulting services (referred to in this section as a ``consulting firm'') unless such contract provides that, during the restricted period described in paragraph (3), subject to paragraph (2), no individual employee or subcontractor of such consulting firm may provide services to both-- (A) the Food and Drug and Administration under the consulting firm's contract; and (B)(i) a person engaged in the development or manufacturing of a device, drug, or biological product; or (ii) any other private entity engaged in activities regulated by the Food and Drug Administration. (2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. (B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. (B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Ethics Act of 2022''. SEC. 2. REQUIREMENTS REGARDING ONGOING REPORTING OF CONTRACTOR CONFLICTS OF INTEREST. (a) In General.--The Secretary of Health and Human Services shall require entities that contract with the Food and Drug Administration-- (1) to disclose, on an ongoing basis during the term of the contract, any information related to potential and actual conflicts of interest, including conflicts of interest concerning the contractor's personnel, consultants, and subcontractors; and (2) during the term of the contract, to refrain from entering into consulting or other contractual arrangements with any person to perform work that may reasonably create a potential or actual conflict of interest, without receiving the written approval of the contracting officer before the execution of the contractual arrangement. (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). SEC. 3. REQUIREMENTS REGARDING WAIVERS RELATING TO ORGANIZATIONAL CONFLICTS OF INTEREST. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). SEC. 4. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. (a) Prohibition Against Certain Contracts.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall not award a contract relating to the duties of the Food and Drug Administration to any person providing consulting services (referred to in this section as a ``consulting firm'') unless such contract provides that, during the restricted period described in paragraph (3), subject to paragraph (2), no individual employee or subcontractor of such consulting firm may provide services to both-- (A) the Food and Drug and Administration under the consulting firm's contract; and (B)(i) a person engaged in the development or manufacturing of a device, drug, or biological product; or (ii) any other private entity engaged in activities regulated by the Food and Drug Administration. (2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. (B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. Such notification shall be made publicly available in an easily accessible format, and shall include-- (i) the name of the contract; (ii) the consulting firm receiving the exception, and the employee or subcontractor to whom the exception applies; (iii) the other contracts or clients that would, in the absence of the exception, cause the consulting firm to be in violation of paragraph (1); and (iv) the efforts that the consulting firm plans to take to mitigate any potential or actual conflict of interest arising from the other work of its employees or subcontractors. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. (B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. <all> | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. ( 2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. ( Such notification shall be made publicly available in an easily accessible format, and shall include-- (i) the name of the contract; (ii) the consulting firm receiving the exception, and the employee or subcontractor to whom the exception applies; (iii) the other contracts or clients that would, in the absence of the exception, cause the consulting firm to be in violation of paragraph (1); and (iv) the efforts that the consulting firm plans to take to mitigate any potential or actual conflict of interest arising from the other work of its employees or subcontractors. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. ( B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. ( B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. ( 2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. ( Such notification shall be made publicly available in an easily accessible format, and shall include-- (i) the name of the contract; (ii) the consulting firm receiving the exception, and the employee or subcontractor to whom the exception applies; (iii) the other contracts or clients that would, in the absence of the exception, cause the consulting firm to be in violation of paragraph (1); and (iv) the efforts that the consulting firm plans to take to mitigate any potential or actual conflict of interest arising from the other work of its employees or subcontractors. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. ( B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. ( 2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. ( Such notification shall be made publicly available in an easily accessible format, and shall include-- (i) the name of the contract; (ii) the consulting firm receiving the exception, and the employee or subcontractor to whom the exception applies; (iii) the other contracts or clients that would, in the absence of the exception, cause the consulting firm to be in violation of paragraph (1); and (iv) the efforts that the consulting firm plans to take to mitigate any potential or actual conflict of interest arising from the other work of its employees or subcontractors. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. ( B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. ( 2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. ( Such notification shall be made publicly available in an easily accessible format, and shall include-- (i) the name of the contract; (ii) the consulting firm receiving the exception, and the employee or subcontractor to whom the exception applies; (iii) the other contracts or clients that would, in the absence of the exception, cause the consulting firm to be in violation of paragraph (1); and (iv) the efforts that the consulting firm plans to take to mitigate any potential or actual conflict of interest arising from the other work of its employees or subcontractors. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. ( B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. ( B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). ( | To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. ( Such notification shall be made publicly available in an easily accessible format, and shall include-- (i) the name of the contract; (ii) the consulting firm receiving the exception, and the employee or subcontractor to whom the exception applies; (iii) the other contracts or clients that would, in the absence of the exception, cause the consulting firm to be in violation of paragraph (1); and (iv) the efforts that the consulting firm plans to take to mitigate any potential or actual conflict of interest arising from the other work of its employees or subcontractors. ( | 926 |
476 | 14,435 | H.R.2113 | International Affairs | Sanctioning Iranian-Backed Militia Terrorists Act
This bill requires the President to impose property- and visa-blocking sanctions with respect to Kata'ib Sayyid al-Shuhada and any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al-Shuhada.
Kata'ib Sayyid al-Shuhada is an Iranian-backed Iraqi militia that has worked with groups that have been designated as foreign terrorist organizations and has deployed forces to Syria to engage in military operations supporting the Syrian government. | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctioning Iranian-Backed Militia
Terrorists Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed
Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who
was sanctioned on January 9, 2008, by the Department of the
Treasury ``for threatening the peace and stability of Iraq and
the Government of Iraq''. Sheibani led a network which
according to the Department of the Treasury conducted
improvised explosive device attacks against United States
soldiers in Baghdad.
(2) KSS openly recognizes the Iranian Supreme Leader Ali
Khamanei as its spiritual leader.
(3) KSS is provided training, funding, and arms by Iran's
Islamic Revolutionary Guard Corps (IRGC) and IRGC-Quds Forces
and works closely with Kata'ib Hezbollah (KH), Lebanese
Hezbollah, and Asa'ib Ahl al-Haq (AAH), all of which have been
designated as Foreign Terrorist Organizations by the Department
of State.
(4) KSS has fought under the command of former IRGC-Quds
Forces commander Qassem Soleimani. The militia has members who
operate as a unit of the Popular Mobilization Forces (PMF),
which is a formal part of the Iraqi federal government under
the authority of the Prime Minister of Iraq and which receives
funding from the Iraqi federal government, including salaries.
(5) Since its founding KSS has deployed forces to Syria to
engaged in military operations supporting the Government of
Syria, including offensives in Daraa, Quneitera, the Damascus
suburbs, and the Aleppo countryside.
(6) In 2015, KSS threatened to ``strike and destroy'' Saudi
Arabia, saying in a statement: ``We in the Sayyid al Shuhada
Battalion consider Saudi interests a legitimate and permissible
target on all levels, and we will strike and destroy them
whenever it pleases us.''.
(7) In August 2019, Abu Alaa al-Wala'i, a leader of KSS,
said that ``All Americans will be held hostage by the
resistance factions in the event of a war.''.
(8) On February 14, 2020, the Department of State announced
that sanctions were imposed on KSS pursuant to section 3 of the
Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C.
1701 note) for engaging in illicit arms transfers to or
acquisition from Iran.
(9) On February 25, 2021, President Biden ordered
airstrikes against infrastructure utilized by Iranian-backed
militias in eastern Syria in response to attacks against United
States personnel in Iraq. According to the Department of
Defense's statement on February 25, 2021, ``the strikes
destroyed multiple facilities located at a border control point
used by a number of Iranian-backed militant groups, including
Kait'ib Hezbollah (KH) and Kait'ib Sayyid al-Shuhada (KSS).''.
SEC. 3. IMPOSITION OF SANCTIONS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to--
(1) Kata'ib Sayyid al-Shuhada; and
(2) any foreign person that is a member, agent, or
affiliate of, or owned or controlled by, Kata'ib Sayyid al-
Shuhada.
(b) Sanctions Described.--The sanctions described in this
subsection are--
(1) sanctions applicable with respect to a foreign person
pursuant to section 7412(b) of the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note); and
(2) sanctions applicable with respect to a foreign person
pursuant to Executive Order 13224 (50 U.S.C. 1701 note;
relating to blocking property and prohibiting transactions with
persons who commit, threaten to commit, or support terrorism).
<all> | Sanctioning Iranian-Backed Militia Terrorists Act | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. | Sanctioning Iranian-Backed Militia Terrorists Act | Rep. Steube, W. Gregory | R | FL | This bill requires the President to impose property- and visa-blocking sanctions with respect to Kata'ib Sayyid al-Shuhada and any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al-Shuhada. Kata'ib Sayyid al-Shuhada is an Iranian-backed Iraqi militia that has worked with groups that have been designated as foreign terrorist organizations and has deployed forces to Syria to engage in military operations supporting the Syrian government. | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctioning Iranian-Backed Militia Terrorists Act''. 2. FINDINGS. Sheibani led a network which according to the Department of the Treasury conducted improvised explosive device attacks against United States soldiers in Baghdad. (2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. (3) KSS is provided training, funding, and arms by Iran's Islamic Revolutionary Guard Corps (IRGC) and IRGC-Quds Forces and works closely with Kata'ib Hezbollah (KH), Lebanese Hezbollah, and Asa'ib Ahl al-Haq (AAH), all of which have been designated as Foreign Terrorist Organizations by the Department of State. (4) KSS has fought under the command of former IRGC-Quds Forces commander Qassem Soleimani. The militia has members who operate as a unit of the Popular Mobilization Forces (PMF), which is a formal part of the Iraqi federal government under the authority of the Prime Minister of Iraq and which receives funding from the Iraqi federal government, including salaries. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. (6) In 2015, KSS threatened to ``strike and destroy'' Saudi Arabia, saying in a statement: ``We in the Sayyid al Shuhada Battalion consider Saudi interests a legitimate and permissible target on all levels, and we will strike and destroy them whenever it pleases us.''. (7) In August 2019, Abu Alaa al-Wala'i, a leader of KSS, said that ``All Americans will be held hostage by the resistance factions in the event of a war.''. (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. (9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. According to the Department of Defense's statement on February 25, 2021, ``the strikes destroyed multiple facilities located at a border control point used by a number of Iranian-backed militant groups, including Kait'ib Hezbollah (KH) and Kait'ib Sayyid al-Shuhada (KSS).''. SEC. 3. IMPOSITION OF SANCTIONS. (b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctioning Iranian-Backed Militia Terrorists Act''. 2. FINDINGS. Sheibani led a network which according to the Department of the Treasury conducted improvised explosive device attacks against United States soldiers in Baghdad. (4) KSS has fought under the command of former IRGC-Quds Forces commander Qassem Soleimani. The militia has members who operate as a unit of the Popular Mobilization Forces (PMF), which is a formal part of the Iraqi federal government under the authority of the Prime Minister of Iraq and which receives funding from the Iraqi federal government, including salaries. (6) In 2015, KSS threatened to ``strike and destroy'' Saudi Arabia, saying in a statement: ``We in the Sayyid al Shuhada Battalion consider Saudi interests a legitimate and permissible target on all levels, and we will strike and destroy them whenever it pleases us.''. (7) In August 2019, Abu Alaa al-Wala'i, a leader of KSS, said that ``All Americans will be held hostage by the resistance factions in the event of a war.''. (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. According to the Department of Defense's statement on February 25, 2021, ``the strikes destroyed multiple facilities located at a border control point used by a number of Iranian-backed militant groups, including Kait'ib Hezbollah (KH) and Kait'ib Sayyid al-Shuhada (KSS).''. SEC. 3. (b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctioning Iranian-Backed Militia Terrorists Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. Sheibani led a network which according to the Department of the Treasury conducted improvised explosive device attacks against United States soldiers in Baghdad. (2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. (3) KSS is provided training, funding, and arms by Iran's Islamic Revolutionary Guard Corps (IRGC) and IRGC-Quds Forces and works closely with Kata'ib Hezbollah (KH), Lebanese Hezbollah, and Asa'ib Ahl al-Haq (AAH), all of which have been designated as Foreign Terrorist Organizations by the Department of State. (4) KSS has fought under the command of former IRGC-Quds Forces commander Qassem Soleimani. The militia has members who operate as a unit of the Popular Mobilization Forces (PMF), which is a formal part of the Iraqi federal government under the authority of the Prime Minister of Iraq and which receives funding from the Iraqi federal government, including salaries. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. (6) In 2015, KSS threatened to ``strike and destroy'' Saudi Arabia, saying in a statement: ``We in the Sayyid al Shuhada Battalion consider Saudi interests a legitimate and permissible target on all levels, and we will strike and destroy them whenever it pleases us.''. (7) In August 2019, Abu Alaa al-Wala'i, a leader of KSS, said that ``All Americans will be held hostage by the resistance factions in the event of a war.''. (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. (9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. According to the Department of Defense's statement on February 25, 2021, ``the strikes destroyed multiple facilities located at a border control point used by a number of Iranian-backed militant groups, including Kait'ib Hezbollah (KH) and Kait'ib Sayyid al-Shuhada (KSS).''. SEC. 3. IMPOSITION OF SANCTIONS. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. (b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). <all> | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctioning Iranian-Backed Militia Terrorists Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. Sheibani led a network which according to the Department of the Treasury conducted improvised explosive device attacks against United States soldiers in Baghdad. (2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. (3) KSS is provided training, funding, and arms by Iran's Islamic Revolutionary Guard Corps (IRGC) and IRGC-Quds Forces and works closely with Kata'ib Hezbollah (KH), Lebanese Hezbollah, and Asa'ib Ahl al-Haq (AAH), all of which have been designated as Foreign Terrorist Organizations by the Department of State. (4) KSS has fought under the command of former IRGC-Quds Forces commander Qassem Soleimani. The militia has members who operate as a unit of the Popular Mobilization Forces (PMF), which is a formal part of the Iraqi federal government under the authority of the Prime Minister of Iraq and which receives funding from the Iraqi federal government, including salaries. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. (6) In 2015, KSS threatened to ``strike and destroy'' Saudi Arabia, saying in a statement: ``We in the Sayyid al Shuhada Battalion consider Saudi interests a legitimate and permissible target on all levels, and we will strike and destroy them whenever it pleases us.''. (7) In August 2019, Abu Alaa al-Wala'i, a leader of KSS, said that ``All Americans will be held hostage by the resistance factions in the event of a war.''. (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. (9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. According to the Department of Defense's statement on February 25, 2021, ``the strikes destroyed multiple facilities located at a border control point used by a number of Iranian-backed militant groups, including Kait'ib Hezbollah (KH) and Kait'ib Sayyid al-Shuhada (KSS).''. SEC. 3. IMPOSITION OF SANCTIONS. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. (b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). <all> | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. ( 9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. 2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. ( (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. 2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. ( (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. ( 9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. 2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. ( (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. ( 9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. 2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. ( (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. ( 9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. 2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. ( (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. ( 9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. ( b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). | 604 |
478 | 11,908 | H.R.6635 | Animals | Wild Horse and Burro Protection Act of 2022
This bill prohibits the Bureau of Land Management (BLM) from using or contracting for the use of helicopters or fixed-wing aircraft for gathering horses and burros under the Wild Free-roaming Horses and Burros Act. Further, BLM may not make contracts to use helicopters for transporting captured animals under such act. | To amend the Act commonly known as the Wild Free-roaming Horses and
Burros Act to prohibit certain uses of aircraft with respect to the
management of wild free-roaming horses and burros, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Horse and Burro Protection Act
of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As part of efforts to control equine populations under
law, the Bureau of Land Management is directed to humanely
capture wild free-roaming horses and burros for adoption.
(2) The Bureau of Land Management contracts directly with
private enterprises, including helicopter companies, to round
up equines at rates between $500-$800 per animal.
(3) The use of helicopters to chase equines over prolonged
distances, usually on rough terrain, is particularly dangerous,
and can frighten the animals and lead to deadly situations.
(4) In January 2022, during the horse gathering at the
Pancake Complex in central Nevada, a young colt was chased for
miles by helicopter, ultimately gravely injuring itself, and
necessitating the need for the animal to be shot and killed.
(5) Since 2011, the Bureau of Land Management's top three
helicopter contractors have collected over $36.8 million in
taxpayer funding for their services, including over $5.3
million since 2021 alone.
(6) Scientific research shows that more humane and cost-
effective alternatives exist to control equine populations,
including fertility controls.
(7) Currently, the Bureau of Land Management's Wild Horse
and Burro Program spends less than one percent of its budget on
implementing fertility controls.
(8) The elimination of helicopters from the Bureau of Land
Management's gatherings would provide a more humane method of
capturing equines, and provide significant savings to
taxpayers.
SEC. 3. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT.
Section 9 of the Act commonly known as the Wild Free-roaming Horses
and Burros Act (Public Law 92-195; 16 U.S.C. 1338a) is amended--
(1) by striking ``In administering this Act'' and inserting
``(a) In General.--In administering this Act'';
(2) by striking ``helicopters or, for the purpose of
transporting captured animals, motor vehicles'' and inserting
``motor vehicles for the purpose of transporting captured
animals'';
(3) by striking ``fixed-wing aircraft, or helicopters, or
to'' and inserting ``or''; and
(4) by adding at the end the following:
``(b) Prohibition on Certain Uses of Aircraft.--In administering
this Act, the Secretary may not use or contract for the use of
helicopters or fixed-wing aircraft for the purposes of rounding up or
gathering wild free-roaming horses and burros.''.
SEC. 4. GAO REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General 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) humane alternatives to the use of helicopters and
fixed-wing aircraft in managing wild free-roaming horse and
burro populations;
(2) job creation opportunities presented by the use of such
humane alternatives; and
(3) the effects of aircraft, including unmanned aircraft
systems, on wild free-roaming horse and burro populations.
<all> | Wild Horse and Burro Protection Act of 2022 | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. | Wild Horse and Burro Protection Act of 2022 | Rep. Titus, Dina | D | NV | This bill prohibits the Bureau of Land Management (BLM) from using or contracting for the use of helicopters or fixed-wing aircraft for gathering horses and burros under the Wild Free-roaming Horses and Burros Act. Further, BLM may not make contracts to use helicopters for transporting captured animals under such act. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. (2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. (3) The use of helicopters to chase equines over prolonged distances, usually on rough terrain, is particularly dangerous, and can frighten the animals and lead to deadly situations. (4) In January 2022, during the horse gathering at the Pancake Complex in central Nevada, a young colt was chased for miles by helicopter, ultimately gravely injuring itself, and necessitating the need for the animal to be shot and killed. (5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. (7) Currently, the Bureau of Land Management's Wild Horse and Burro Program spends less than one percent of its budget on implementing fertility controls. (8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. 3. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT. Section 9 of the Act commonly known as the Wild Free-roaming Horses and Burros Act (Public Law 92-195; 16 U.S.C. 1338a) is amended-- (1) by striking ``In administering this Act'' and inserting ``(a) In General.--In administering this Act''; (2) by striking ``helicopters or, for the purpose of transporting captured animals, motor vehicles'' and inserting ``motor vehicles for the purpose of transporting captured animals''; (3) by striking ``fixed-wing aircraft, or helicopters, or to'' and inserting ``or''; and (4) by adding at the end the following: ``(b) Prohibition on Certain Uses of Aircraft.--In administering this Act, the Secretary may not use or contract for the use of helicopters or fixed-wing aircraft for the purposes of rounding up or gathering wild free-roaming horses and burros.''. SEC. 4. GAO REPORT. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (3) The use of helicopters to chase equines over prolonged distances, usually on rough terrain, is particularly dangerous, and can frighten the animals and lead to deadly situations. (4) In January 2022, during the horse gathering at the Pancake Complex in central Nevada, a young colt was chased for miles by helicopter, ultimately gravely injuring itself, and necessitating the need for the animal to be shot and killed. (5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. (7) Currently, the Bureau of Land Management's Wild Horse and Burro Program spends less than one percent of its budget on implementing fertility controls. (8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. 3. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT. Section 9 of the Act commonly known as the Wild Free-roaming Horses and Burros Act (Public Law 92-195; 16 U.S.C. 1338a) is amended-- (1) by striking ``In administering this Act'' and inserting ``(a) In General.--In administering this Act''; (2) by striking ``helicopters or, for the purpose of transporting captured animals, motor vehicles'' and inserting ``motor vehicles for the purpose of transporting captured animals''; (3) by striking ``fixed-wing aircraft, or helicopters, or to'' and inserting ``or''; and (4) by adding at the end the following: ``(b) Prohibition on Certain Uses of Aircraft.--In administering this Act, the Secretary may not use or contract for the use of helicopters or fixed-wing aircraft for the purposes of rounding up or gathering wild free-roaming horses and burros.''. SEC. 4. GAO REPORT. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Horse and Burro Protection Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. (2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. (3) The use of helicopters to chase equines over prolonged distances, usually on rough terrain, is particularly dangerous, and can frighten the animals and lead to deadly situations. (4) In January 2022, during the horse gathering at the Pancake Complex in central Nevada, a young colt was chased for miles by helicopter, ultimately gravely injuring itself, and necessitating the need for the animal to be shot and killed. (5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. (7) Currently, the Bureau of Land Management's Wild Horse and Burro Program spends less than one percent of its budget on implementing fertility controls. (8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. SEC. 3. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT. Section 9 of the Act commonly known as the Wild Free-roaming Horses and Burros Act (Public Law 92-195; 16 U.S.C. 1338a) is amended-- (1) by striking ``In administering this Act'' and inserting ``(a) In General.--In administering this Act''; (2) by striking ``helicopters or, for the purpose of transporting captured animals, motor vehicles'' and inserting ``motor vehicles for the purpose of transporting captured animals''; (3) by striking ``fixed-wing aircraft, or helicopters, or to'' and inserting ``or''; and (4) by adding at the end the following: ``(b) Prohibition on Certain Uses of Aircraft.--In administering this Act, the Secretary may not use or contract for the use of helicopters or fixed-wing aircraft for the purposes of rounding up or gathering wild free-roaming horses and burros.''. SEC. 4. GAO REPORT. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. <all> | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Horse and Burro Protection Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. (2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. (3) The use of helicopters to chase equines over prolonged distances, usually on rough terrain, is particularly dangerous, and can frighten the animals and lead to deadly situations. (4) In January 2022, during the horse gathering at the Pancake Complex in central Nevada, a young colt was chased for miles by helicopter, ultimately gravely injuring itself, and necessitating the need for the animal to be shot and killed. (5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. (7) Currently, the Bureau of Land Management's Wild Horse and Burro Program spends less than one percent of its budget on implementing fertility controls. (8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. SEC. 3. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT. Section 9 of the Act commonly known as the Wild Free-roaming Horses and Burros Act (Public Law 92-195; 16 U.S.C. 1338a) is amended-- (1) by striking ``In administering this Act'' and inserting ``(a) In General.--In administering this Act''; (2) by striking ``helicopters or, for the purpose of transporting captured animals, motor vehicles'' and inserting ``motor vehicles for the purpose of transporting captured animals''; (3) by striking ``fixed-wing aircraft, or helicopters, or to'' and inserting ``or''; and (4) by adding at the end the following: ``(b) Prohibition on Certain Uses of Aircraft.--In administering this Act, the Secretary may not use or contract for the use of helicopters or fixed-wing aircraft for the purposes of rounding up or gathering wild free-roaming horses and burros.''. SEC. 4. GAO REPORT. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. <all> | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. 5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. ( 8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. ( 2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. ( Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. ( 2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. ( Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. 5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. ( 8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. ( 2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. ( Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. 5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. ( 8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. ( 2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. ( Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. 5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. ( 8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. ( 2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. ( Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. 5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. ( 8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. | 553 |
480 | 6,138 | H.R.3280 | Commerce | Ending Forced Arbitration for Victims of Data Breaches Act of 2021
This bill prohibits an entity from requiring, as part of a customer agreement or other similar agreement, that an individual agree to submit to arbitration a dispute related to a security breach. With respect to this prohibition, the bill establishes a private right of action as well as provides for enforcement by the Federal Trade Commission and by states. | To prohibit entities from requiring individuals to submit to
arbitration for disputes arising from a security breach, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Forced Arbitration for
Victims of Data Breaches Act of 2021''.
SEC. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS.
An entity may not require, as part of a customer or other similar
agreement, an individual to agree to submit any dispute related to a
security breach, including any dispute related to identity theft, to
arbitration.
SEC. 3. APPLICABILITY.
A provision of an agreement entered into prior to the date of the
enactment of this Act, that violates section 2, is void.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
2 shall be treated as an unfair and deceptive act or practice in
violation of a regulation under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or
deceptive acts or practices.
(b) Powers of Commission.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act. Any person who violates section 2
shall be subject to the penalties and entitled to the privileges and
immunities provided in that Act.
(c) Rules.--The Commission shall promulgate, under section 553 of
title 5, United States Code, such rules as may be necessary to carry
out the provisions of this Act.
SEC. 5. ENFORCEMENT BY STATES.
(a) In General.--If the attorney general of a State has reason to
believe that an interest of the residents of the State has been or is
being threatened or adversely affected by a practice that violates
section 2, the attorney general of the State may, as parens patriae,
bring a civil action on behalf of the residents of the State in an
appropriate district court of the United States to obtain appropriate
relief.
(b) Rights of Federal Trade Commission.--
(1) Notice to federal trade commission.--
(A) In general.--Except as provided in clause
(iii), the attorney general of a State, before
initiating a civil action under paragraph (1), shall
provide written notification to the Federal Trade
Commission that the attorney general intends to bring
such civil action.
(B) Contents.--The notification required under
clause (i) shall include a copy of the complaint to be
filed to initiate the civil action.
(C) Exception.--If it is not feasible for the
attorney general of a State to provide the notification
required under clause (i) before initiating a civil
action under paragraph (1), the attorney general shall
notify the Commission immediately upon instituting the
civil action.
(2) Intervention by federal trade commission.--The
Commission may--
(A) intervene in any civil action brought by the
attorney general of a State under paragraph (1); and
(B) upon intervening--
(i) be heard on all matters arising in the
civil action; and
(ii) file petitions for appeal of a
decision in the civil action.
(c) Investigatory Powers.--Nothing in this subsection may be
construed to prevent the attorney general of a State from exercising
the powers conferred on the attorney general by the laws of the State
to conduct investigations, to administer oaths or affirmations, or to
compel the attendance of witnesses or the production of documentary or
other evidence.
(d) Preemptive Action by Federal Trade Commission.--If the Federal
Trade Commission institutes a civil action or an administrative action
with respect to a violation of section 2, the attorney general of a
State may not, during the pendency of such action, bring a civil action
under paragraph (1) against any defendant named in the complaint of the
Commission for the violation with respect to which the Commission
instituted such action.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under paragraph (1) may be
brought in--
(A) the district court of the United States that
meets applicable requirements relating to venue under
section 1391 of title 28, United States Code; or
(B) another court of competent jurisdiction.
(2) Service of process.--In an action brought under
paragraph (1), process may be served in any district in which--
(A) the defendant is an inhabitant, may be found,
or transacts business; or
(B) venue is proper under section 1391 of title 28,
United States Code.
SEC. 6. PRIVATE RIGHT OF ACTION.
(a) In General.--An individual who is injured by a violation of
section 2 may bring a private right of action in any court of
appropriate jurisdiction for rescission and restitution, as well as for
all damages and may be awarded injunctive relief against a violation of
such section. The individual shall also be entitled to recover its
costs of litigation and reasonable attorney's fees and expert witness
fees, against any entity or person found to be liable for such
violation.
(b) Liability.--Every person who directly or indirectly controls a
person liable under subsection (a), every partner in a firm so liable,
every principal executive officer or director of a corporation so
liable, every person occupying a similar status or performing similar
functions and every employee of a person so liable who materially aids
in the act or transaction constituting the violation is also liable
jointly and severally with and to the same extent as such person,
unless the person who would otherwise be liable hereunder had no
knowledge of or reasonable grounds to know of the existence of the
facts by reason of which the liability is alleged to exist.
(c) Statute of Limitations.--No action may be commenced pursuant to
this section more than the later of--
(1) 2 years after the date on which the violation occurs;
or
(2) 2 years after the date on which the violation is
discovered or should have been discovered through exercise of
reasonable diligence.
(d) Venue.--An action under this section may be brought in--
(1) the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code; or
(2) another court of competent jurisdiction.
(e) Cumulative Right.--The private rights provided for in this
section are in addition to and not in lieu of other rights or remedies
created by Federal or State law.
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``security breach''--
(A) means a compromise of the security,
confidentiality, or integrity of, or the loss of,
computerized data that results in, or there is a
reasonable basis to conclude has resulted in--
(i) the unauthorized acquisition of
sensitive personally identifiable information;
or
(ii) access to sensitive personally
identifiable information that is for an
unauthorized purpose, or in excess of
authorization;
(B) does not include any lawfully authorized
investigative, protective, or intelligence activity of
a law enforcement agency of the United States, a State,
or a political subdivision of a State, or of an element
of the intelligence community; and
(2) the term ``sensitive personally identifiable
information'' means any information or compilation of
information, in electronic or digital form that includes one or
more of the following:
(A) An individual's first and last name or first
initial and last name in combination with any two of
the following data elements:
(i) Home address or telephone number.
(ii) Mother's maiden name.
(iii) Month, day, and year of birth.
(B) A Social Security number (but not including
only the last four digits of a Social Security number),
driver's license number, passport number, or alien
registration number or other Government-issued unique
identification number.
(C) Unique biometric data such as a finger print,
voice print, a retina or iris image, or any other
unique physical representation.
(D) A unique account identifier, including a
financial account number or credit or debit card
number, electronic identification number, user name, or
routing code.
(E) A user name or electronic mail address, in
combination with a password or security question and
answer that would permit access to an online account.
(F) Any combination of the following data elements:
(i) An individual's first and last name or
first initial and last name.
(ii) A unique account identifier, including
a financial account number or credit or debit
card number, electronic identification number,
user name, or routing code.
(iii) Any security code, access code, or
password, or source code that could be used to
generate such codes or passwords.
<all> | Ending Forced Arbitration for Victims of Data Breaches Act of 2021 | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. | Ending Forced Arbitration for Victims of Data Breaches Act of 2021 | Rep. Lieu, Ted | D | CA | This bill prohibits an entity from requiring, as part of a customer agreement or other similar agreement, that an individual agree to submit to arbitration a dispute related to a security breach. With respect to this prohibition, the bill establishes a private right of action as well as provides for enforcement by the Federal Trade Commission and by states. | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. SHORT TITLE. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS. A provision of an agreement entered into prior to the date of the enactment of this Act, that violates section 2, is void. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. 5. ENFORCEMENT BY STATES. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. PRIVATE RIGHT OF ACTION. (a) In General.--An individual who is injured by a violation of section 2 may bring a private right of action in any court of appropriate jurisdiction for rescission and restitution, as well as for all damages and may be awarded injunctive relief against a violation of such section. (b) Liability.--Every person who directly or indirectly controls a person liable under subsection (a), every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist. SEC. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. SHORT TITLE. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. 5. ENFORCEMENT BY STATES. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. PRIVATE RIGHT OF ACTION. (a) In General.--An individual who is injured by a violation of section 2 may bring a private right of action in any court of appropriate jurisdiction for rescission and restitution, as well as for all damages and may be awarded injunctive relief against a violation of such section. (b) Liability.--Every person who directly or indirectly controls a person liable under subsection (a), every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist. SEC. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS. 3. APPLICABILITY. A provision of an agreement entered into prior to the date of the enactment of this Act, that violates section 2, is void. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. 5. ENFORCEMENT BY STATES. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (c) Investigatory Powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. 6. PRIVATE RIGHT OF ACTION. (a) In General.--An individual who is injured by a violation of section 2 may bring a private right of action in any court of appropriate jurisdiction for rescission and restitution, as well as for all damages and may be awarded injunctive relief against a violation of such section. The individual shall also be entitled to recover its costs of litigation and reasonable attorney's fees and expert witness fees, against any entity or person found to be liable for such violation. (b) Liability.--Every person who directly or indirectly controls a person liable under subsection (a), every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``security breach''-- (A) means a compromise of the security, confidentiality, or integrity of, or the loss of, computerized data that results in, or there is a reasonable basis to conclude has resulted in-- (i) the unauthorized acquisition of sensitive personally identifiable information; or (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization; (B) does not include any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an element of the intelligence community; and (2) the term ``sensitive personally identifiable information'' means any information or compilation of information, in electronic or digital form that includes one or more of the following: (A) An individual's first and last name or first initial and last name in combination with any two of the following data elements: (i) Home address or telephone number. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (C) Unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. (iii) Any security code, access code, or password, or source code that could be used to generate such codes or passwords. | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Forced Arbitration for Victims of Data Breaches Act of 2021''. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS. An entity may not require, as part of a customer or other similar agreement, an individual to agree to submit any dispute related to a security breach, including any dispute related to identity theft, to arbitration. 3. APPLICABILITY. A provision of an agreement entered into prior to the date of the enactment of this Act, that violates section 2, is void. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. (c) Rules.--The Commission shall promulgate, under section 553 of title 5, United States Code, such rules as may be necessary to carry out the provisions of this Act. 5. ENFORCEMENT BY STATES. (B) Contents.--The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (c) Investigatory Powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. 6. PRIVATE RIGHT OF ACTION. (a) In General.--An individual who is injured by a violation of section 2 may bring a private right of action in any court of appropriate jurisdiction for rescission and restitution, as well as for all damages and may be awarded injunctive relief against a violation of such section. The individual shall also be entitled to recover its costs of litigation and reasonable attorney's fees and expert witness fees, against any entity or person found to be liable for such violation. (b) Liability.--Every person who directly or indirectly controls a person liable under subsection (a), every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist. (c) Statute of Limitations.--No action may be commenced pursuant to this section more than the later of-- (1) 2 years after the date on which the violation occurs; or (2) 2 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``security breach''-- (A) means a compromise of the security, confidentiality, or integrity of, or the loss of, computerized data that results in, or there is a reasonable basis to conclude has resulted in-- (i) the unauthorized acquisition of sensitive personally identifiable information; or (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization; (B) does not include any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an element of the intelligence community; and (2) the term ``sensitive personally identifiable information'' means any information or compilation of information, in electronic or digital form that includes one or more of the following: (A) An individual's first and last name or first initial and last name in combination with any two of the following data elements: (i) Home address or telephone number. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (B) A Social Security number (but not including only the last four digits of a Social Security number), driver's license number, passport number, or alien registration number or other Government-issued unique identification number. (C) Unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. (iii) Any security code, access code, or password, or source code that could be used to generate such codes or passwords. | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. ( were incorporated into and made a part of this Act. b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. ( (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. ( d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( 2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. c) Statute of Limitations.--No action may be commenced pursuant to this section more than the later of-- (1) 2 years after the date on which the violation occurs; or (2) 2 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. ( d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( ii) Mother's maiden name. ( iii) Month, day, and year of birth. ( (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. PROTECTION OF DATA SECURITY BREACH VICTIMS. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. ( (a) In General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. ( b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. ( (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( 2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. (d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. ( ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. PROTECTION OF DATA SECURITY BREACH VICTIMS. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. ( (a) In General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. ( b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. ( (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( 2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. (d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. ( ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. ( were incorporated into and made a part of this Act. b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. ( (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. ( d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( 2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. c) Statute of Limitations.--No action may be commenced pursuant to this section more than the later of-- (1) 2 years after the date on which the violation occurs; or (2) 2 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. ( d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( ii) Mother's maiden name. ( iii) Month, day, and year of birth. ( (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. PROTECTION OF DATA SECURITY BREACH VICTIMS. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. ( (a) In General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. ( b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. ( (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( 2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. (d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. ( ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. ( were incorporated into and made a part of this Act. b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. ( (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. ( d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( 2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. c) Statute of Limitations.--No action may be commenced pursuant to this section more than the later of-- (1) 2 years after the date on which the violation occurs; or (2) 2 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. ( d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( ii) Mother's maiden name. ( iii) Month, day, and year of birth. ( (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. PROTECTION OF DATA SECURITY BREACH VICTIMS. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. ( (a) In General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. ( b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. ( (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( 2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. (d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. ( ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. ( d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. ( e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( ( d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( ( e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. ( F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. ( | To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. ( d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. ( e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. ( ( d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. ( D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. ( | 1,453 |
481 | 4,858 | S.1142 | International Affairs | Rohingya Genocide Determination Act of 2021
This bill requires the Department of State to report to Congress an assessment of the persecution of the Rohingya, a predominantly Muslim group in Burma (Myanmar), by Burma's military and security forces, and whether the situation constitutes genocide under U.S. law. The report shall also contain (1) a description of U.S. government actions to ensure that those responsible are held accountable, and (2) recommendations on further actions to take to ensure accountability and to prevent further mass atrocity crimes in Burma. | To require a determination as to whether crimes committed against the
Rohingya in Burma amount to genocide.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rohingya Genocide Determination Act
of 2021''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since August 25, 2017, 740,000 Rohingya have fled
northern Rakhine State to neighboring Bangladesh to escape a
systematic campaign of atrocities by Burma's military and
security forces, and over three years later, conditions are
still not conducive to the safe, voluntary, and dignified
return of the Rohingya to Burma.
(2) On November 23, 2017, the United States Holocaust
Museum and Fortify Rights released a report entitled ``They
Tried to Kill Us All'', documenting widespread and systematic
atrocities committed against Rohingya civilians at the hands of
Burmese ``security forces, civilian perpetrators, and
militants'' and highlighting ``growing evidence of genocide''.
(3) According to the Department of State's August 24, 2018,
report entitled ``Documentation of Atrocities in Northern
Rakhine State'', violence committed by the Burmese military
against the Rohingya, including from August to October 2017,
was not only ``extreme, large-scale, widespread, and seemingly
geared toward both terrorizing the population and driving out
the Rohingya residents,'' but also ``well-planned and
coordinated''.
(4) On August 28, 2018, the United States Ambassador to the
United Nations told the United Nations Security Council that
the Department of State report's findings were ``consistent
with'' those in an August 27, 2018, report by the Independent
International Fact-Finding Mission on Myanmar (IIFFMM) which
urged that top Burmese military officials be investigated and
prosecuted for genocide.
(5) On September 12, 2018, the IIFFMM reported, ``The
crimes in Rakhine State, and the manner in which they were
perpetrated, are similar in nature, gravity and scope to those
that have allowed genocidal intent to be established in other
contexts.''.
(6) The Public International Law & Policy Group (PILPG),
whose investigation informed the Department of State's August
2018 report, published in December 2018 its Factual Findings &
Legal Analysis Report, which concluded that ``there are
reasonable grounds to believe that genocide was committed
against the Rohingya in Myanmar's northern Rakhine State''.
(7) According to the PILPG report, ``The scale and severity
of the attacks and abuses--particularly the mass killings and
accompanying brutality against children, women, pregnant women,
the elderly, religious leaders, and persons fleeing into
Bangladesh--suggest that, in the minds of the perpetrators, the
goal was not just to expel, but also to exterminate the
Rohingya.''.
(8) On September 16, 2019, the IIFFMM reported that it
``has reasonable grounds to conclude that the evidence that
infers genocidal intent on the part of the State, identified in
its last report, has strengthened that there is a serious risk
that genocidal actions may occur or recur''.
(9) The IIFFMM also recognized in its September 16, 2019,
report that Burma's military and security forces have committed
abuses against minority groups other than the Rohingya: ``All
the ethnic minority communities that the Mission
investigated,'' including ethnic groups in Rakhine, Chin,
Kayin, Kachin, and Shan States, ``have been deprived of justice
for the serious human rights violations perpetrated against
them.''.
(10) Secretary of State Antony Blinken committed at his
nomination hearing before the Committee on Foreign Relations of
the Senate on January 19, 2021, and in subsequent written
responses to questions for the record, that he will oversee an
interagency review of whether the atrocities committed against
the Rohingya in Burma constitute genocide.
(11) The Burmese military's February 1, 2021, coup against
the democratically elected government in Burma further
underscores the importance of the United States speaking out
forcefully against human rights violations when they occur,
sending a clear signal to governments and other nongovernmental
actors around the world that those responsible for such gross
abuses of human rights will always be held accountable.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the atrocities committed against
the Rohingya by the Burmese military and security forces constitute
genocide.
SEC. 4. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, after consultation with
the heads of other United States Government agencies represented on the
Atrocity Early Warning Task Force and representatives of human rights
and civil society organizations, as appropriate, shall submit to the
appropriate congressional committees a report on the persecution of,
including attacks against, the Rohingya in Burma by Burmese military
and security forces that determines whether the crimes committed
constitute genocide (as defined in section 1091 of title 18, United
States Code), and includes--
(1) a description and assessment of what actions the United
States Government has undertaken to ensure accountability for
war crimes, crimes against humanity, and genocide perpetrated
by the Burmese military and security forces against the
Rohingya;
(2) a detailed description of any proposed atrocities
prevention response recommended by the Atrocity Early Warning
Task Force to prevent further perpetration of mass atrocity
crimes by Burmese military and security forces against the
Rohingya people and other civilians in Burma; and
(3) recommendations on what actions the United States
Government will take to hold those responsible for these
atrocities accountable, including through international justice
mechanisms.
(b) Form.--The evaluation required under subsection (a) shall be
submitted in unclassified form and posted to the Department of State
website, but may include a classified annex as necessary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) and the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
<all> | Rohingya Genocide Determination Act of 2021 | A bill to require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. | Rohingya Genocide Determination Act of 2021 | Sen. Markey, Edward J. | D | MA | This bill requires the Department of State to report to Congress an assessment of the persecution of the Rohingya, a predominantly Muslim group in Burma (Myanmar), by Burma's military and security forces, and whether the situation constitutes genocide under U.S. law. The report shall also contain (1) a description of U.S. government actions to ensure that those responsible are held accountable, and (2) recommendations on further actions to take to ensure accountability and to prevent further mass atrocity crimes in Burma. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rohingya Genocide Determination Act of 2021''. 2. FINDINGS. (2) On November 23, 2017, the United States Holocaust Museum and Fortify Rights released a report entitled ``They Tried to Kill Us All'', documenting widespread and systematic atrocities committed against Rohingya civilians at the hands of Burmese ``security forces, civilian perpetrators, and militants'' and highlighting ``growing evidence of genocide''. (5) On September 12, 2018, the IIFFMM reported, ``The crimes in Rakhine State, and the manner in which they were perpetrated, are similar in nature, gravity and scope to those that have allowed genocidal intent to be established in other contexts.''. (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. (7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. (11) The Burmese military's February 1, 2021, coup against the democratically elected government in Burma further underscores the importance of the United States speaking out forcefully against human rights violations when they occur, sending a clear signal to governments and other nongovernmental actors around the world that those responsible for such gross abuses of human rights will always be held accountable. 3. It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. SEC. 4. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rohingya Genocide Determination Act of 2021''. 2. FINDINGS. (5) On September 12, 2018, the IIFFMM reported, ``The crimes in Rakhine State, and the manner in which they were perpetrated, are similar in nature, gravity and scope to those that have allowed genocidal intent to be established in other contexts.''. (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. (7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (11) The Burmese military's February 1, 2021, coup against the democratically elected government in Burma further underscores the importance of the United States speaking out forcefully against human rights violations when they occur, sending a clear signal to governments and other nongovernmental actors around the world that those responsible for such gross abuses of human rights will always be held accountable. 3. It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. SEC. 4. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rohingya Genocide Determination Act of 2021''. 2. FINDINGS. Congress makes the following findings: (1) Since August 25, 2017, 740,000 Rohingya have fled northern Rakhine State to neighboring Bangladesh to escape a systematic campaign of atrocities by Burma's military and security forces, and over three years later, conditions are still not conducive to the safe, voluntary, and dignified return of the Rohingya to Burma. (2) On November 23, 2017, the United States Holocaust Museum and Fortify Rights released a report entitled ``They Tried to Kill Us All'', documenting widespread and systematic atrocities committed against Rohingya civilians at the hands of Burmese ``security forces, civilian perpetrators, and militants'' and highlighting ``growing evidence of genocide''. (5) On September 12, 2018, the IIFFMM reported, ``The crimes in Rakhine State, and the manner in which they were perpetrated, are similar in nature, gravity and scope to those that have allowed genocidal intent to be established in other contexts.''. (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. (7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. (10) Secretary of State Antony Blinken committed at his nomination hearing before the Committee on Foreign Relations of the Senate on January 19, 2021, and in subsequent written responses to questions for the record, that he will oversee an interagency review of whether the atrocities committed against the Rohingya in Burma constitute genocide. (11) The Burmese military's February 1, 2021, coup against the democratically elected government in Burma further underscores the importance of the United States speaking out forcefully against human rights violations when they occur, sending a clear signal to governments and other nongovernmental actors around the world that those responsible for such gross abuses of human rights will always be held accountable. 3. It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. SEC. 4. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rohingya Genocide Determination Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since August 25, 2017, 740,000 Rohingya have fled northern Rakhine State to neighboring Bangladesh to escape a systematic campaign of atrocities by Burma's military and security forces, and over three years later, conditions are still not conducive to the safe, voluntary, and dignified return of the Rohingya to Burma. (2) On November 23, 2017, the United States Holocaust Museum and Fortify Rights released a report entitled ``They Tried to Kill Us All'', documenting widespread and systematic atrocities committed against Rohingya civilians at the hands of Burmese ``security forces, civilian perpetrators, and militants'' and highlighting ``growing evidence of genocide''. (3) According to the Department of State's August 24, 2018, report entitled ``Documentation of Atrocities in Northern Rakhine State'', violence committed by the Burmese military against the Rohingya, including from August to October 2017, was not only ``extreme, large-scale, widespread, and seemingly geared toward both terrorizing the population and driving out the Rohingya residents,'' but also ``well-planned and coordinated''. (4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. (5) On September 12, 2018, the IIFFMM reported, ``The crimes in Rakhine State, and the manner in which they were perpetrated, are similar in nature, gravity and scope to those that have allowed genocidal intent to be established in other contexts.''. (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. (7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (8) On September 16, 2019, the IIFFMM reported that it ``has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State, identified in its last report, has strengthened that there is a serious risk that genocidal actions may occur or recur''. (9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. (10) Secretary of State Antony Blinken committed at his nomination hearing before the Committee on Foreign Relations of the Senate on January 19, 2021, and in subsequent written responses to questions for the record, that he will oversee an interagency review of whether the atrocities committed against the Rohingya in Burma constitute genocide. (11) The Burmese military's February 1, 2021, coup against the democratically elected government in Burma further underscores the importance of the United States speaking out forcefully against human rights violations when they occur, sending a clear signal to governments and other nongovernmental actors around the world that those responsible for such gross abuses of human rights will always be held accountable. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. SEC. 4. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, after consultation with the heads of other United States Government agencies represented on the Atrocity Early Warning Task Force and representatives of human rights and civil society organizations, as appropriate, shall submit to the appropriate congressional committees a report on the persecution of, including attacks against, the Rohingya in Burma by Burmese military and security forces that determines whether the crimes committed constitute genocide (as defined in section 1091 of title 18, United States Code), and includes-- (1) a description and assessment of what actions the United States Government has undertaken to ensure accountability for war crimes, crimes against humanity, and genocide perpetrated by the Burmese military and security forces against the Rohingya; (2) a detailed description of any proposed atrocities prevention response recommended by the Atrocity Early Warning Task Force to prevent further perpetration of mass atrocity crimes by Burmese military and security forces against the Rohingya people and other civilians in Burma; and (3) recommendations on what actions the United States Government will take to hold those responsible for these atrocities accountable, including through international justice mechanisms. (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. <all> | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 3) According to the Department of State's August 24, 2018, report entitled ``Documentation of Atrocities in Northern Rakhine State'', violence committed by the Burmese military against the Rohingya, including from August to October 2017, was not only ``extreme, large-scale, widespread, and seemingly geared toward both terrorizing the population and driving out the Rohingya residents,'' but also ``well-planned and coordinated''. (4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( 7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (8) On September 16, 2019, the IIFFMM reported that it ``has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State, identified in its last report, has strengthened that there is a serious risk that genocidal actions may occur or recur''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. ( (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 3) According to the Department of State's August 24, 2018, report entitled ``Documentation of Atrocities in Northern Rakhine State'', violence committed by the Burmese military against the Rohingya, including from August to October 2017, was not only ``extreme, large-scale, widespread, and seemingly geared toward both terrorizing the population and driving out the Rohingya residents,'' but also ``well-planned and coordinated''. (4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( 7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (8) On September 16, 2019, the IIFFMM reported that it ``has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State, identified in its last report, has strengthened that there is a serious risk that genocidal actions may occur or recur''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. ( (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 3) According to the Department of State's August 24, 2018, report entitled ``Documentation of Atrocities in Northern Rakhine State'', violence committed by the Burmese military against the Rohingya, including from August to October 2017, was not only ``extreme, large-scale, widespread, and seemingly geared toward both terrorizing the population and driving out the Rohingya residents,'' but also ``well-planned and coordinated''. (4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( 7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (8) On September 16, 2019, the IIFFMM reported that it ``has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State, identified in its last report, has strengthened that there is a serious risk that genocidal actions may occur or recur''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. ( (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 3) According to the Department of State's August 24, 2018, report entitled ``Documentation of Atrocities in Northern Rakhine State'', violence committed by the Burmese military against the Rohingya, including from August to October 2017, was not only ``extreme, large-scale, widespread, and seemingly geared toward both terrorizing the population and driving out the Rohingya residents,'' but also ``well-planned and coordinated''. (4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( 7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (8) On September 16, 2019, the IIFFMM reported that it ``has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State, identified in its last report, has strengthened that there is a serious risk that genocidal actions may occur or recur''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. ( (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. ( (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. 7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. ( ( 9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. | 981 |
482 | 987 | S.3686 | Health | Anna Westin Legacy Act
This bill requires the Substance Abuse and Mental Health Services Administration to maintain the National Center of Excellence for Eating Disorders (NCEED). The bill specifies required activities for NCEED, including providing training for frontline health care providers and other professionals. | To amend the Public Health Service Act to provide education and
training on eating disorders for health care providers and communities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anna Westin Legacy Act''.
SEC. 2. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:
``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION
AND TRAINING ON EATING DISORDERS.
``(a) In General.--The Secretary, acting through the Assistant
Secretary, shall maintain, directly or by grant or contract, the Center
of Excellence for Eating Disorders (referred to in this section as the
`Center') to improve the identification of, interventions for, and
treatment of eating disorders in a manner that is culturally and
linguistically appropriate.
``(b) Activities.--The Center operated pursuant to subsection (a)--
``(1) shall--
``(A) provide training and technical assistance for
frontline health care providers and frontline community
professionals to carry out screening, brief
intervention, and referral to treatment for individuals
experiencing, or at risk for, eating disorders;
``(B) in carrying out subparagraph (A), develop
adaptive training models for frontline health care
providers and frontline community professionals to
carry out screening, brief intervention, and referral
to treatment for children and marginalized populations
experiencing, or at risk for, eating disorders;
``(C) provide technical assistance to other centers
of excellence, technical assistance centers, and
psychiatric consultation lines of the Substance Abuse
and Mental Health Services Administration or the Health
Resources and Services Administration on eating
disorder identification, intervention, and referral for
treatment; and
``(D) coordinate with the Director of the Centers
for Disease Control and Prevention and the
Administrator of the Health Resources and Services
Administration to disseminate training to frontline
health care providers and frontline community
professionals; and
``(2) may--
``(A) coordinate with electronic health record
systems for the integration of protocols pertaining to
screening, brief intervention, and referral to
treatment for individuals experiencing, or at risk for,
eating disorders;
``(B) develop adaptive training models for
frontline health care providers and frontline community
professionals to carry out screening, brief
intervention, and referral to treatment for Members of
the Armed Forces and veterans experiencing, or at risk
for, eating disorders; and
``(C) consult with the Secretary of Defense and the
Secretary of Veterans Affairs on prevention,
identification, intervention for, and treatment of
eating disorders.
``(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2023 through 2027.''.
<all> | Anna Westin Legacy Act | A bill to amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. | Anna Westin Legacy Act | Sen. Klobuchar, Amy | D | MN | This bill requires the Substance Abuse and Mental Health Services Administration to maintain the National Center of Excellence for Eating Disorders (NCEED). The bill specifies required activities for NCEED, including providing training for frontline health care providers and other professionals. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anna Westin Legacy Act''. SEC. 2. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION AND TRAINING ON EATING DISORDERS. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(b) Activities.--The Center operated pursuant to subsection (a)-- ``(1) shall-- ``(A) provide training and technical assistance for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) in carrying out subparagraph (A), develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for children and marginalized populations experiencing, or at risk for, eating disorders; ``(C) provide technical assistance to other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration or the Health Resources and Services Administration on eating disorder identification, intervention, and referral for treatment; and ``(D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration to disseminate training to frontline health care providers and frontline community professionals; and ``(2) may-- ``(A) coordinate with electronic health record systems for the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for Members of the Armed Forces and veterans experiencing, or at risk for, eating disorders; and ``(C) consult with the Secretary of Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of eating disorders. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. <all> | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anna Westin Legacy Act''. SEC. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION AND TRAINING ON EATING DISORDERS. ``(b) Activities.--The Center operated pursuant to subsection (a)-- ``(1) shall-- ``(A) provide training and technical assistance for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) in carrying out subparagraph (A), develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for children and marginalized populations experiencing, or at risk for, eating disorders; ``(C) provide technical assistance to other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration or the Health Resources and Services Administration on eating disorder identification, intervention, and referral for treatment; and ``(D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration to disseminate training to frontline health care providers and frontline community professionals; and ``(2) may-- ``(A) coordinate with electronic health record systems for the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for Members of the Armed Forces and veterans experiencing, or at risk for, eating disorders; and ``(C) consult with the Secretary of Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of eating disorders. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anna Westin Legacy Act''. SEC. 2. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION AND TRAINING ON EATING DISORDERS. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(b) Activities.--The Center operated pursuant to subsection (a)-- ``(1) shall-- ``(A) provide training and technical assistance for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) in carrying out subparagraph (A), develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for children and marginalized populations experiencing, or at risk for, eating disorders; ``(C) provide technical assistance to other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration or the Health Resources and Services Administration on eating disorder identification, intervention, and referral for treatment; and ``(D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration to disseminate training to frontline health care providers and frontline community professionals; and ``(2) may-- ``(A) coordinate with electronic health record systems for the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for Members of the Armed Forces and veterans experiencing, or at risk for, eating disorders; and ``(C) consult with the Secretary of Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of eating disorders. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. <all> | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anna Westin Legacy Act''. SEC. 2. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION AND TRAINING ON EATING DISORDERS. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(b) Activities.--The Center operated pursuant to subsection (a)-- ``(1) shall-- ``(A) provide training and technical assistance for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) in carrying out subparagraph (A), develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for children and marginalized populations experiencing, or at risk for, eating disorders; ``(C) provide technical assistance to other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration or the Health Resources and Services Administration on eating disorder identification, intervention, and referral for treatment; and ``(D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration to disseminate training to frontline health care providers and frontline community professionals; and ``(2) may-- ``(A) coordinate with electronic health record systems for the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for Members of the Armed Forces and veterans experiencing, or at risk for, eating disorders; and ``(C) consult with the Secretary of Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of eating disorders. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. <all> | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. | 454 |
486 | 14,181 | H.R.2345 | Government Operations and Politics | Building Rural Investments, Development, and Growth for the Economy Act or the BRIDGE Act
This bill requires the Department of Commerce and the Department of State to promote the export of goods and services by small- and medium-sized businesses from, and facilitate business investment in, rural areas of the United States. A rural area is an area with a population of less than 50,000 inhabitants that is outside an urbanized area. | To establish a commission to study the relocation of select executive
agencies or divisions of such agencies outside the Washington
metropolitan area, to make recommendations to Congress on appropriate
findings, and for other purposes.
Be it enacted by the Senate 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 Government Decentralization
Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established in the General Services Administration a
commission to be known as the ``Federal Government Decentralization
Commission'' (in this Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) study the relocation of executive agencies or divisions
of executive agencies outside the Washington metropolitan area;
and
(2) submit to Congress a plan for the relocation of
recommended agencies or divisions.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
the Administrator of General Services (or a designee) and 10 other
members, appointed as follows:
(1) Two members shall be appointed by the majority leader
of the Senate.
(2) Two members shall be appointed by the Speaker of the
House of Representatives.
(3) Two members shall be appointed by the minority leader
of the Senate.
(4) Two members shall be appointed by the minority leader
of the House of Representatives.
(5) Two members shall be appointed by the Administrator of
the General Service Administration.
(b) Deadline for Initial Appointment.--The initial members of the
Commission shall be appointed not later than 90 days after the date of
the enactment of this Act.
(c) Vacancies.--A vacancy in the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the same manner as the original
appointment was made.
(d) Compensation.--Each member of the Commission shall serve
without pay.
(e) Travel Expenses.--Each member of the Commission shall be
allowed a per diem allowance for travel expenses, at rates consistent
with those authorized under subchapter I of chapter 57 of title 5,
United States Code.
(f) Chairperson.--The Chairperson of the Commission shall be the
Administrator of General Services (or a designee).
SEC. 5. ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL
SERVICES ADMINISTRATION.
Administrative and support staff for the Commission shall be
provided by the General Services Administration.
SEC. 6. SUBMISSION OF PLAN TO CONGRESS.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Commission shall develop and submit to
Congress a plan for the relocation of executive agencies or divisions
of executive agencies outside the Washington metropolitan area.
(b) Requirements for Plan.--The plan shall include the following:
(1) An identification of new locations for executive
agencies or divisions of executive agencies outside the
Washington metropolitan area, which shall be prioritized--
(A) by relocation to a low-income community; or
(B) by relocation to areas with expertise in the
mission and goal of the executive agency or division.
(2) A consideration of national security implications of
the relocation.
(3) An economic and workforce development study on how the
relocation of an executive agency or division would impact the
new location.
(4) A list of potential site acquisitions and partial
prospectus for executive agencies or divisions of executive
agencies, which shall include--
(A) a brief description of the building to be
constructed, altered, or leased;
(B) the location of the building; and
(C) an estimate of the maximum cost of the
acquisition and the relocation.
SEC. 7. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code, except that the term does not
include the Executive Office of the President.
(2) Low-income community.--The term ``low-income
community'' has the meaning given that term in section 45D(e)
of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)).
(3) Washington metropolitan area.--The term ``Washington
metropolitan area'' means the geographic area located within
the boundaries of--
(A) the District of Columbia;
(B) Montgomery and Prince George's Counties in the
State of Maryland; and
(C) Arlington, Fairfax, Loudon, and Prince William
Counties and the City of Alexandria in the Commonwealth
of Virginia.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after the submission of the
plan under section 6.
SEC. 9. FUNDING.
No new appropriations may be obligated to carry out this Act.
<all> | Federal Government Decentralization Commission Act | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. | Federal Government Decentralization Commission Act | Rep. Ryan, Tim | D | OH | This bill requires the Department of Commerce and the Department of State to promote the export of goods and services by small- and medium-sized businesses from, and facilitate business investment in, rural areas of the United States. A rural area is an area with a population of less than 50,000 inhabitants that is outside an urbanized area. | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. Be it enacted by the Senate 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 Government Decentralization Commission Act''. ESTABLISHMENT. 3. DUTIES OF COMMISSION. The Commission shall-- (1) study the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area; and (2) submit to Congress a plan for the relocation of recommended agencies or divisions. 4. MEMBERSHIP. (3) Two members shall be appointed by the minority leader of the Senate. (5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (c) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (d) Compensation.--Each member of the Commission shall serve without pay. (e) Travel Expenses.--Each member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL SERVICES ADMINISTRATION. 6. SUBMISSION OF PLAN TO CONGRESS. (2) A consideration of national security implications of the relocation. (3) An economic and workforce development study on how the relocation of an executive agency or division would impact the new location. (4) A list of potential site acquisitions and partial prospectus for executive agencies or divisions of executive agencies, which shall include-- (A) a brief description of the building to be constructed, altered, or leased; (B) the location of the building; and (C) an estimate of the maximum cost of the acquisition and the relocation. 7. DEFINITIONS. (2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. 8. TERMINATION. SEC. 9. FUNDING. No new appropriations may be obligated to carry out this Act. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Government Decentralization Commission Act''. ESTABLISHMENT. 3. The Commission shall-- (1) study the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area; and (2) submit to Congress a plan for the relocation of recommended agencies or divisions. 4. MEMBERSHIP. (3) Two members shall be appointed by the minority leader of the Senate. (5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (e) Travel Expenses.--Each member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL SERVICES ADMINISTRATION. 6. SUBMISSION OF PLAN TO CONGRESS. (2) A consideration of national security implications of the relocation. (4) A list of potential site acquisitions and partial prospectus for executive agencies or divisions of executive agencies, which shall include-- (A) a brief description of the building to be constructed, altered, or leased; (B) the location of the building; and (C) an estimate of the maximum cost of the acquisition and the relocation. 7. DEFINITIONS. (2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. 8. TERMINATION. SEC. 9. FUNDING. No new appropriations may be obligated to carry out this Act. | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. Be it enacted by the Senate 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 Government Decentralization Commission Act''. SEC. 2. ESTABLISHMENT. There is established in the General Services Administration a commission to be known as the ``Federal Government Decentralization Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) study the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area; and (2) submit to Congress a plan for the relocation of recommended agencies or divisions. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. (2) Two members shall be appointed by the Speaker of the House of Representatives. (3) Two members shall be appointed by the minority leader of the Senate. (4) Two members shall be appointed by the minority leader of the House of Representatives. (5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (c) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (d) Compensation.--Each member of the Commission shall serve without pay. (e) Travel Expenses.--Each member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). SEC. 5. ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL SERVICES ADMINISTRATION. Administrative and support staff for the Commission shall be provided by the General Services Administration. SEC. 6. SUBMISSION OF PLAN TO CONGRESS. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. (2) A consideration of national security implications of the relocation. (3) An economic and workforce development study on how the relocation of an executive agency or division would impact the new location. (4) A list of potential site acquisitions and partial prospectus for executive agencies or divisions of executive agencies, which shall include-- (A) a brief description of the building to be constructed, altered, or leased; (B) the location of the building; and (C) an estimate of the maximum cost of the acquisition and the relocation. SEC. 7. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code, except that the term does not include the Executive Office of the President. (2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the submission of the plan under section 6. SEC. 9. FUNDING. No new appropriations may be obligated to carry out this Act. <all> | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. Be it enacted by the Senate 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 Government Decentralization Commission Act''. SEC. 2. ESTABLISHMENT. There is established in the General Services Administration a commission to be known as the ``Federal Government Decentralization Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) study the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area; and (2) submit to Congress a plan for the relocation of recommended agencies or divisions. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. (2) Two members shall be appointed by the Speaker of the House of Representatives. (3) Two members shall be appointed by the minority leader of the Senate. (4) Two members shall be appointed by the minority leader of the House of Representatives. (5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (c) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (d) Compensation.--Each member of the Commission shall serve without pay. (e) Travel Expenses.--Each member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). SEC. 5. ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL SERVICES ADMINISTRATION. Administrative and support staff for the Commission shall be provided by the General Services Administration. SEC. 6. SUBMISSION OF PLAN TO CONGRESS. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. (2) A consideration of national security implications of the relocation. (3) An economic and workforce development study on how the relocation of an executive agency or division would impact the new location. (4) A list of potential site acquisitions and partial prospectus for executive agencies or divisions of executive agencies, which shall include-- (A) a brief description of the building to be constructed, altered, or leased; (B) the location of the building; and (C) an estimate of the maximum cost of the acquisition and the relocation. SEC. 7. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code, except that the term does not include the Executive Office of the President. (2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the submission of the plan under section 6. SEC. 9. FUNDING. No new appropriations may be obligated to carry out this Act. <all> | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( 5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. ( f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. ( 2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. The Commission shall terminate 30 days after the submission of the plan under section 6. | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. DUTIES OF COMMISSION. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( d) Compensation.--Each member of the Commission shall serve without pay. ( Administrative and support staff for the Commission shall be provided by the General Services Administration. a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. ( 2) A consideration of national security implications of the relocation. ( | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. DUTIES OF COMMISSION. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( d) Compensation.--Each member of the Commission shall serve without pay. ( Administrative and support staff for the Commission shall be provided by the General Services Administration. a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. ( 2) A consideration of national security implications of the relocation. ( | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( 5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. ( f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. ( 2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. The Commission shall terminate 30 days after the submission of the plan under section 6. | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. DUTIES OF COMMISSION. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( d) Compensation.--Each member of the Commission shall serve without pay. ( Administrative and support staff for the Commission shall be provided by the General Services Administration. a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. ( 2) A consideration of national security implications of the relocation. ( | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( 5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. ( f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. ( 2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. The Commission shall terminate 30 days after the submission of the plan under section 6. | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. DUTIES OF COMMISSION. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( d) Compensation.--Each member of the Commission shall serve without pay. ( Administrative and support staff for the Commission shall be provided by the General Services Administration. a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. ( 2) A consideration of national security implications of the relocation. ( | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( 5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. ( f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. ( 2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. The Commission shall terminate 30 days after the submission of the plan under section 6. | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. DUTIES OF COMMISSION. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( d) Compensation.--Each member of the Commission shall serve without pay. ( Administrative and support staff for the Commission shall be provided by the General Services Administration. a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. ( 2) A consideration of national security implications of the relocation. ( | To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. ( 5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. ( f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. ( 2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. The Commission shall terminate 30 days after the submission of the plan under section 6. | 744 |
487 | 3,129 | S.2227 | Labor and Employment | Championing Apprenticeships for New Careers and Employees in Technology Act or the CHANCE in TECH Act
This bill requires the Department of Labor to enter into contracts with industry intermediaries to promote the development of and access to apprenticeships in the technology sector.
The Department of Education (ED) may issue CHANCE in TECH Awards for 21st Century Schools to secondary schools or junior or community colleges that demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. In making an award, ED must consider the availability of science, technology, engineering, and mathematics (STEM), career and technical education, and computer technology courses at the schools. | To direct the Secretary of Labor to enter into contracts with industry
intermediaries for purposes of promoting the development of and access
to apprenticeships in the technology sector, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Championing Apprenticeships for New
Careers and Employees in Technology Act'' or the ``CHANCE in TECH
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) During any given 90-day period there can be more than
500,000 information technology job openings in the United
States.
(2) Employment in the technology sector is growing twice as
fast as employment in the United States.
(3) Jobs in the technology sector tend to provide higher
pay and better benefits than other jobs and have been more
resilient to economic downturn than jobs available in other
private sector industries.
(4) Information technology skills are transferrable across
nearly all industries.
(5) Exceptional education and on-the-job training programs
exist and should be scaled to meet the demands of the modern
technology workforce.
(6) Adoption of existing employer-driven intermediary
models, such as ApprenticeshipUSA under the Department of
Labor, will help grow the information technology workforce.
(7) Career pathway education should start in high school
through pathways and programs of study that align with local
and regional employer needs.
(8) Preparing a student for a job in the technology sector
is essential to the growth and competitiveness of the economy
in the United States in the 21st Century.
(9) Nearly 800,000 information technology workers will
retire between 2017 and 2024.
(10) According to the Bureau of Labor Statistics, in May
2020, the median annual wage for computer and information
technology occupations was $91,250, which was higher than the
median annual wage for all occupations of $41,950.
SEC. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS.
(a) In General.--The Secretary of Labor (referred to in this
section as ``the Secretary'') shall enter into contracts with industry
intermediaries for the purpose of promoting the development of and
access to apprenticeships in the technology sector, from amounts
appropriated under subsection (e).
(b) Eligibility.--To be eligible to be awarded a contract under
this section, an industry intermediary shall submit an application to
the Secretary, at such time and in such a manner as may be required by
the Secretary, that identifies proposed activities designed to further
the purpose described in subsection (a).
(c) Selection.--The Secretary shall award contracts under this
section based on competitive criteria to be prescribed by the
Secretary.
(d) Contractor Activities.--An industry intermediary that is
awarded a contract under this section may only use the funds made
available through such contract to carry out activities designed to
further the purpose described in subsection (a), including--
(1) facilitating the provision and development of
apprenticeships in the technology sector through collaborations
with public and private entities that provide job-related
instruction, such as on-the-job training, pre-apprenticeship
training, and technical training;
(2) encouraging entities to establish such apprenticeships;
(3) identifying, assessing, and training applicants for
such apprenticeships who are--
(A) enrolled in high school;
(B) enrolled in an early college high school that
focuses on education in STEM subjects;
(C) individuals aged 18 years or older who meet
appropriate qualification standards; or
(D) enrolled in pre-apprenticeship or
apprenticeship training initiatives that allow adults
to concurrently increase academic and workforce skills
through proven, evidence-based models that connect all
learning to the specific apprenticeship involved and
significantly accelerate completion of preparation for
the apprenticeship; and
(4) tracking the progress of such applicants who
participate in such apprenticeships.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for the
purposes of carrying out this section.
SEC. 4. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS.
(a) Awards Authorized.--The Secretary of Education may issue
awards, to be known as ``CHANCE in TECH Awards for 21st Century
Schools'', to schools (referred to in this section as ``covered
schools'') that--
(1) are secondary schools or junior or community colleges;
and
(2) demonstrate high achievement in providing students
necessary skills to compete in the 21st century workforce.
(b) Criteria.--In selecting a covered school for an award under
subsection (a), the Secretary shall take into account--
(1) the availability of STEM, career and technical
education, and computer technology courses at the covered
school;
(2) State academic assessments, as described in section
111(b)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)), of students at the covered school in
STEM subjects;
(3) any coordination between the covered school and local
and regional employers in the technology sector for the purpose
of providing work-based learning programs such as
apprenticeships and internships; and
(4) the availability of individualized plans provided by
the covered school to students relating to postsecondary
education or training, career paths, and financial aid.
SEC. 5. FUNDING.
(a) Fiscal Year 2021.--Amounts made available to the Secretary of
Labor under the Department of Labor Appropriations Act, 2021 to carry
out the Act referred to in section 6(1) may be used to carry out this
Act.
(b) Subsequent Years.--There are authorized to be appropriated to
carry out this Act such sums as may be necessary for fiscal year 2022
and each subsequent fiscal year.
SEC. 6. DEFINITIONS.
In this Act:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship 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.).
(2) Career and technical education.--The term ``career and
technical education'' has the meaning given such term in
section 3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
(3) Early college high school.--The term ``early college
high school'' has the meaning given such term in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(4) High school.--The term ``high school'' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(5) Industry intermediary.--The term ``industry
intermediary'' means an entity that--
(A) in order to accelerate apprenticeship program
development and helps establish new apprenticeship
partnerships at the national, State, or regional level,
serves as a conduit between an employer and an entity,
such as--
(i) an industry partner;
(ii) the Department of Labor; and
(iii) a State agency responsible for
workforce development programs;
(B) demonstrates a capacity to work with employers
and other key partners to identify workforce trends and
foster public-private funding to establish new
apprenticeship programs; and
(C) is an entity such as--
(i) a business;
(ii) a consortium of businesses;
(iii) a business-related nonprofit
organization, including industry associations
and business federations;
(iv) a private organization functioning as
a workforce intermediary for the express
purpose of serving the needs of businesses,
including community-based nonprofit service
providers and industry-aligned training
providers; or
(v) a consortium of any of the entities
described in clauses (i) through (iv).
(6) Institution of higher education.--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).
(7) Junior or community college.--The term ``junior or
community college'' has the meaning given the term in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
(8) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(9) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(10) State educational agency.--The term ``State
educational agency'' has the meaning given such term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(11) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics.
(12) Technology sector.--The term ``technology sector''
means the industry sector involved in the design or development
of hardware, software, or security of digital data.
<all> | CHANCE in TECH Act | A bill to direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. | CHANCE in TECH Act
Championing Apprenticeships for New Careers and Employees in Technology Act | Sen. Heinrich, Martin | D | NM | This bill requires the Department of Labor to enter into contracts with industry intermediaries to promote the development of and access to apprenticeships in the technology sector. The Department of Education (ED) may issue CHANCE in TECH Awards for 21st Century Schools to secondary schools or junior or community colleges that demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. In making an award, ED must consider the availability of science, technology, engineering, and mathematics (STEM), career and technical education, and computer technology courses at the schools. | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (9) Nearly 800,000 information technology workers will retire between 2017 and 2024. (10) According to the Bureau of Labor Statistics, in May 2020, the median annual wage for computer and information technology occupations was $91,250, which was higher than the median annual wage for all occupations of $41,950. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. 6311(b)(2)), of students at the covered school in STEM subjects; (3) any coordination between the covered school and local and regional employers in the technology sector for the purpose of providing work-based learning programs such as apprenticeships and internships; and (4) the availability of individualized plans provided by the covered school to students relating to postsecondary education or training, career paths, and financial aid. FUNDING. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. SEC. 6. 50 et seq.). (4) High school.--The term ``high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (5) Industry intermediary.--The term ``industry intermediary'' means an entity that-- (A) in order to accelerate apprenticeship program development and helps establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as-- (i) an industry partner; (ii) the Department of Labor; and (iii) a State agency responsible for workforce development programs; (B) demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs; and (C) is an entity such as-- (i) a business; (ii) a consortium of businesses; (iii) a business-related nonprofit organization, including industry associations and business federations; (iv) a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses, including community-based nonprofit service providers and industry-aligned training providers; or (v) a consortium of any of the entities described in clauses (i) through (iv). 1058(f)). 7801). (11) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (10) According to the Bureau of Labor Statistics, in May 2020, the median annual wage for computer and information technology occupations was $91,250, which was higher than the median annual wage for all occupations of $41,950. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. FUNDING. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. SEC. 6. (4) High school.--The term ``high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CONGRESSIONAL FINDINGS. (2) Employment in the technology sector is growing twice as fast as employment in the United States. (4) Information technology skills are transferrable across nearly all industries. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (9) Nearly 800,000 information technology workers will retire between 2017 and 2024. (10) According to the Bureau of Labor Statistics, in May 2020, the median annual wage for computer and information technology occupations was $91,250, which was higher than the median annual wage for all occupations of $41,950. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS. (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. 6311(b)(2)), of students at the covered school in STEM subjects; (3) any coordination between the covered school and local and regional employers in the technology sector for the purpose of providing work-based learning programs such as apprenticeships and internships; and (4) the availability of individualized plans provided by the covered school to students relating to postsecondary education or training, career paths, and financial aid. FUNDING. (a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. SEC. 6. DEFINITIONS. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Career and technical education.--The term ``career and technical education'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (4) High school.--The term ``high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (5) Industry intermediary.--The term ``industry intermediary'' means an entity that-- (A) in order to accelerate apprenticeship program development and helps establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as-- (i) an industry partner; (ii) the Department of Labor; and (iii) a State agency responsible for workforce development programs; (B) demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs; and (C) is an entity such as-- (i) a business; (ii) a consortium of businesses; (iii) a business-related nonprofit organization, including industry associations and business federations; (iv) a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses, including community-based nonprofit service providers and industry-aligned training providers; or (v) a consortium of any of the entities described in clauses (i) through (iv). 1002). (7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). 7801). (11) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) During any given 90-day period there can be more than 500,000 information technology job openings in the United States. (2) Employment in the technology sector is growing twice as fast as employment in the United States. (4) Information technology skills are transferrable across nearly all industries. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. (9) Nearly 800,000 information technology workers will retire between 2017 and 2024. (10) According to the Bureau of Labor Statistics, in May 2020, the median annual wage for computer and information technology occupations was $91,250, which was higher than the median annual wage for all occupations of $41,950. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS. (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). (c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. (d) Contractor Activities.--An industry intermediary that is awarded a contract under this section may only use the funds made available through such contract to carry out activities designed to further the purpose described in subsection (a), including-- (1) facilitating the provision and development of apprenticeships in the technology sector through collaborations with public and private entities that provide job-related instruction, such as on-the-job training, pre-apprenticeship training, and technical training; (2) encouraging entities to establish such apprenticeships; (3) identifying, assessing, and training applicants for such apprenticeships who are-- (A) enrolled in high school; (B) enrolled in an early college high school that focuses on education in STEM subjects; (C) individuals aged 18 years or older who meet appropriate qualification standards; or (D) enrolled in pre-apprenticeship or apprenticeship training initiatives that allow adults to concurrently increase academic and workforce skills through proven, evidence-based models that connect all learning to the specific apprenticeship involved and significantly accelerate completion of preparation for the apprenticeship; and (4) tracking the progress of such applicants who participate in such apprenticeships. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. 6311(b)(2)), of students at the covered school in STEM subjects; (3) any coordination between the covered school and local and regional employers in the technology sector for the purpose of providing work-based learning programs such as apprenticeships and internships; and (4) the availability of individualized plans provided by the covered school to students relating to postsecondary education or training, career paths, and financial aid. FUNDING. (a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. SEC. 6. DEFINITIONS. In this Act: (1) Apprenticeship.--The term ``apprenticeship'' means an apprenticeship 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.). (2) Career and technical education.--The term ``career and technical education'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (4) High school.--The term ``high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (5) Industry intermediary.--The term ``industry intermediary'' means an entity that-- (A) in order to accelerate apprenticeship program development and helps establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as-- (i) an industry partner; (ii) the Department of Labor; and (iii) a State agency responsible for workforce development programs; (B) demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs; and (C) is an entity such as-- (i) a business; (ii) a consortium of businesses; (iii) a business-related nonprofit organization, including industry associations and business federations; (iv) a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses, including community-based nonprofit service providers and industry-aligned training providers; or (v) a consortium of any of the entities described in clauses (i) through (iv). 1002). (7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). 7801). (11) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. (12) Technology sector.--The term ``technology sector'' means the industry sector involved in the design or development of hardware, software, or security of digital data. | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. 5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. ( 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( a) In General.--The Secretary of Labor (referred to in this section as ``the Secretary'') shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). ( e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for the purposes of carrying out this section. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. (a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. CONGRESSIONAL FINDINGS. 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( 8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). ( c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. ( 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. CONGRESSIONAL FINDINGS. 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( 8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). ( c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. ( 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. 5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. ( 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( a) In General.--The Secretary of Labor (referred to in this section as ``the Secretary'') shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). ( e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for the purposes of carrying out this section. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. (a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. CONGRESSIONAL FINDINGS. 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( 8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). ( c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. ( 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. 5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. ( 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( a) In General.--The Secretary of Labor (referred to in this section as ``the Secretary'') shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). ( e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for the purposes of carrying out this section. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. (a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. CONGRESSIONAL FINDINGS. 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( 8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). ( c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. ( 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. 5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. ( 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( a) In General.--The Secretary of Labor (referred to in this section as ``the Secretary'') shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). ( e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for the purposes of carrying out this section. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. (a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. CONGRESSIONAL FINDINGS. 6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. ( 8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. ( (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). ( c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. ( 4) High school.--The term ``high school'' has the meaning given such 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 such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. ( a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. ( 8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | 1,411 |
488 | 13,778 | H.R.2539 | Education | Education Against Hate Crimes Act of 2021
This bill requires the Department of Education (ED) to award competitive grants to states, local educational agencies, and nonprofit organizations to conduct hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. It also requires ED, in consultation with the Department of Homeland Security and the Department of Justice, to develop relevant curriculum requirements. | To direct the Secretary of Education to make grants for hate crime
prevention and prejudice reduction 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 ``Education Against Hate Crimes Act of
2021''.
SEC. 2. GRANTS FOR HATE CRIME PREVENTION AND PREJUDICE REDUCTION
EDUCATION.
(a) Grants Authorized.--Beginning not later than one year after the
date of enactment of this Act, the Secretary of Education shall award
grants, on a competitive basis, to eligible entities to assist such
entities in conducting hate crime prevention and prejudice reduction
education for secondary school students and students in middle grades.
(b) Curriculum Requirements.--Not later than 180 days after the
date of enactment of the Act, the Secretary of Education, in
consultation with Secretary of Homeland Security and the Attorney
General, shall develop requirements for the curriculum of the hate
crime prevention and prejudice reduction education conducted with a
grant under this section.
(c) Grant Amount.--The amount of a grant awarded under this section
shall not exceed $1,500,000 for any fiscal year.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that will
provide hate crime prevention and prejudice reduction education
in geographic areas where there is disproportionate hate crime
activity relative to the total population of the area. The
Secretary may consult with the Attorney General to identify
eligible entities that meet the requirements for priority
consideration under this paragraph.
(e) Reporting Requirements.--On an annual basis in each year for
which an eligible entity receives a grant under this section, the
entity shall submit to the Secretary a report that includes--
(1) a description of how the grant was used;
(2) the number of secondary school students who enrolled in
and completed a program of hate crime prevention and prejudice
reduction education;
(3) the number of teachers who provided instruction to
students in hate crime prevention and prejudice reduction
education; and
(4) a description of the strategies and best practices
employed to achieve the objectives under the grant.
(f) Definitions.--In this section:
(1) Hate crime and prejudice reduction education.--The term
``hate crime and prejudice reduction education'' means
culturally relevant education (available in multiple languages,
consistent with census data and demographics of the area which
the education will be provided) to prevent, address, deter, and
dissuade crimes against persons or an individual's property due
to the actual or perceived race, color, religion, national
origin, ethnicity, gender, gender identity, disability, age, or
sexual orientation of any person.
(2) Eligibile entity.--The term ``eligible entity'' means a
State, a local educational agency, or a nonprofit organization.
(3) ESEA terms.--The terms ``local educational agency'',
``middle grades'', ``secondary school'', and ``Secretary'' have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the United States Virgin Islands.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2022 through 2032.
<all> | Education Against Hate Crimes Act of 2021 | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. | Education Against Hate Crimes Act of 2021 | Rep. Velazquez, Nydia M. | D | NY | This bill requires the Department of Education (ED) to award competitive grants to states, local educational agencies, and nonprofit organizations to conduct hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. It also requires ED, in consultation with the Department of Homeland Security and the Department of Justice, to develop relevant curriculum requirements. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Against Hate Crimes Act of 2021''. SEC. 2. GRANTS FOR HATE CRIME PREVENTION AND PREJUDICE REDUCTION EDUCATION. (a) Grants Authorized.--Beginning not later than one year after the date of enactment of this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to assist such entities in conducting hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. (c) Grant Amount.--The amount of a grant awarded under this section shall not exceed $1,500,000 for any fiscal year. (d) Applications.-- (1) In general.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. (e) Reporting Requirements.--On an annual basis in each year for which an eligible entity receives a grant under this section, the entity shall submit to the Secretary a report that includes-- (1) a description of how the grant was used; (2) the number of secondary school students who enrolled in and completed a program of hate crime prevention and prejudice reduction education; (3) the number of teachers who provided instruction to students in hate crime prevention and prejudice reduction education; and (4) a description of the strategies and best practices employed to achieve the objectives under the grant. (f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. (3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2022 through 2032. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Against Hate Crimes Act of 2021''. SEC. 2. GRANTS FOR HATE CRIME PREVENTION AND PREJUDICE REDUCTION EDUCATION. (a) Grants Authorized.--Beginning not later than one year after the date of enactment of this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to assist such entities in conducting hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. (c) Grant Amount.--The amount of a grant awarded under this section shall not exceed $1,500,000 for any fiscal year. (d) Applications.-- (1) In general.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. (f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. (3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2022 through 2032. | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction 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 ``Education Against Hate Crimes Act of 2021''. SEC. 2. GRANTS FOR HATE CRIME PREVENTION AND PREJUDICE REDUCTION EDUCATION. (a) Grants Authorized.--Beginning not later than one year after the date of enactment of this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to assist such entities in conducting hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. (b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. (c) Grant Amount.--The amount of a grant awarded under this section shall not exceed $1,500,000 for any fiscal year. (d) Applications.-- (1) In general.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. (e) Reporting Requirements.--On an annual basis in each year for which an eligible entity receives a grant under this section, the entity shall submit to the Secretary a report that includes-- (1) a description of how the grant was used; (2) the number of secondary school students who enrolled in and completed a program of hate crime prevention and prejudice reduction education; (3) the number of teachers who provided instruction to students in hate crime prevention and prejudice reduction education; and (4) a description of the strategies and best practices employed to achieve the objectives under the grant. (f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. (3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2022 through 2032. <all> | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction 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 ``Education Against Hate Crimes Act of 2021''. SEC. 2. GRANTS FOR HATE CRIME PREVENTION AND PREJUDICE REDUCTION EDUCATION. (a) Grants Authorized.--Beginning not later than one year after the date of enactment of this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to assist such entities in conducting hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. (b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. (c) Grant Amount.--The amount of a grant awarded under this section shall not exceed $1,500,000 for any fiscal year. (d) Applications.-- (1) In general.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. (e) Reporting Requirements.--On an annual basis in each year for which an eligible entity receives a grant under this section, the entity shall submit to the Secretary a report that includes-- (1) a description of how the grant was used; (2) the number of secondary school students who enrolled in and completed a program of hate crime prevention and prejudice reduction education; (3) the number of teachers who provided instruction to students in hate crime prevention and prejudice reduction education; and (4) a description of the strategies and best practices employed to achieve the objectives under the grant. (f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. (3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2022 through 2032. <all> | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. ( (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. ( 3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. ( 4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. ( 4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. ( (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. ( 3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. ( 4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. ( (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. ( 3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. ( 4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. ( (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. ( 3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. ( 4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. ( | To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. ( (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. ( (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. ( 3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( | 601 |
490 | 13,702 | H.R.1303 | Crime and Law Enforcement | Criminalizing Abused Substance Templates Act of 2021
This bill makes it a crime to knowingly possess a pill press mold with the intent to manufacture a counterfeit substance in schedule I or II of the Controlled Substances Act.
A violator is subject to criminal penalties—a prison term of not more than 20 years and a fine. | To amend the Controlled Substances Act to prohibit the knowing
possession of a pill press mold with intent to manufacture in violation
of such Act a counterfeit substance in schedule I or II in a capsule,
tablet, and other form intended for distribution, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminalizing Abused Substance
Templates Act of 2021''.
SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS.
(a) Prohibition.--Section 401 of the Controlled Substances Act (21
U.S.C. 841) is amended by adding at the end the following:
``(i) Offense Regarding Unlawful Possession of Pill Press Molds.--
``(1) In general.--Whoever, with intent to manufacture in
violation of this title a counterfeit substance in schedule I
or II in a capsule, tablet, or other form for distribution,
knowingly possesses a pill press mold, shall be imprisoned not
more than 20 years and fined in accordance with title 18,
United States Code.
``(2) Definitions.--In this subsection, the term `pill
press mold' means any punch, die, plate, stone, or other object
designed to print, imprint, or reproduce on a controlled
substance (or the container or labeling thereof) the trademark,
trade name, or other identifying mark, imprint, number, or
device, or any likeness thereof, of a manufacturer,
distributor, or dispenser other than the person or persons who
in fact manufactured, created, distributed, or dispensed such
product, thereby rendering it a counterfeit substance.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and
amend, as appropriate, the Federal sentencing guidelines and policy
statements to ensure that the guidelines provide for a penalty
enhancement of not less than 2 offense levels above the offense level
otherwise applicable for a violation of section 401(a) of the
Controlled Substances Act (21 U.S.C. 841(a)) if the defendant is found,
in connection with such violation of section 401(a), to be in violation
of section 401(i) of the Controlled Substances Act, as added by
subsection (a).
<all> | Criminalizing Abused Substance Templates Act of 2021 | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. | Criminalizing Abused Substance Templates Act of 2021 | Rep. Kustoff, David | R | TN | This bill makes it a crime to knowingly possess a pill press mold with the intent to manufacture a counterfeit substance in schedule I or II of the Controlled Substances Act. A violator is subject to criminal penalties—a prison term of not more than 20 years and a fine. | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminalizing Abused Substance Templates Act of 2021''. SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS. (a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal sentencing guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 2 offense levels above the offense level otherwise applicable for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the defendant is found, in connection with such violation of section 401(a), to be in violation of section 401(i) of the Controlled Substances Act, as added by subsection (a). <all> | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminalizing Abused Substance Templates Act of 2021''. SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS. (a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal sentencing guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 2 offense levels above the offense level otherwise applicable for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the defendant is found, in connection with such violation of section 401(a), to be in violation of section 401(i) of the Controlled Substances Act, as added by subsection (a). <all> | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminalizing Abused Substance Templates Act of 2021''. SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS. (a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal sentencing guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 2 offense levels above the offense level otherwise applicable for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the defendant is found, in connection with such violation of section 401(a), to be in violation of section 401(i) of the Controlled Substances Act, as added by subsection (a). <all> | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminalizing Abused Substance Templates Act of 2021''. SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS. (a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal sentencing guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 2 offense levels above the offense level otherwise applicable for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the defendant is found, in connection with such violation of section 401(a), to be in violation of section 401(i) of the Controlled Substances Act, as added by subsection (a). <all> | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. ( | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. ( | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. ( | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. ( | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. | To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. ( | 371 |
491 | 11,825 | H.R.8739 | International Affairs | Hong Kong Business Integrity and Transparency Act
This bill requires the Department of Commerce to submit periodic reports to Congress on the protection of consumer information in the possession of U.S. firms operating in Hong Kong. The report must include information on requests by the government of Hong Kong for consumer information, content takedowns, or law enforcement assistance. | To direct the Secretary of Commerce to submit to Congress a report on
the protection of consumer information in the possession of United
States companies operating in Hong Kong and requests issued by the
Government of Hong Kong to such companies for consumer information,
content takedowns, or law enforcement assistance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Business Integrity and
Transparency Act''.
SEC. 2. REPORT ON REQUESTS FROM GOVERNMENT OF HONG KONG TO UNITED
STATES COMPANIES FOR CONSUMER INFORMATION, CONTENT
TAKEDOWNS, OR LAW ENFORCEMENT ASSISTANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Commerce, in consultation with the heads of other appropriate Federal
departments and agencies, shall submit to the appropriate congressional
committees and make available to the public a report on--
(1) the protection of consumer information in the
possession of United States companies operating in Hong Kong;
and
(2) requests issued by the Government of Hong Kong to
United States companies operating in Hong Kong for content
takedowns or law enforcement assistance.
(b) Matters To Be Included.--The report required by subsection (a)
shall, with respect to the 180-day period preceding the date of
submission of the report, include the following:
(1) The number of requests, issued by the Government of
Hong Kong to United States companies operating in Hong Kong for
consumer information in the possession of such companies,
content takedowns, or law enforcement assistance, that were
fulfilled and by which companies.
(2) An identification of the Hong Kong laws under which
such requests were issued.
(3) An identification of any United States consumer
protection laws that may have been violated in the case of the
fulfillment of such requests by such companies.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified index.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Finance, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Energy and Commerce, the
Committee on Foreign Affairs, the Committee on
Financial Services, the Permanent Select Committee on
Intelligence, and the Committee on Ways and Means of
the House of Representatives.
(2) Content takedown.--The term ``content takedown'' means
the removal of, disabling of access to, or restriction of
access to any material, including--
(A) material on a website or online service;
(B) a software application; and
(C) any feature of a software application.
<all> | Hong Kong Business Integrity and Transparency Act | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. | Hong Kong Business Integrity and Transparency Act | Rep. Curtis, John R. | R | UT | This bill requires the Department of Commerce to submit periodic reports to Congress on the protection of consumer information in the possession of U.S. firms operating in Hong Kong. The report must include information on requests by the government of Hong Kong for consumer information, content takedowns, or law enforcement assistance. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. SEC. 2. REPORT ON REQUESTS FROM GOVERNMENT OF HONG KONG TO UNITED STATES COMPANIES FOR CONSUMER INFORMATION, CONTENT TAKEDOWNS, OR LAW ENFORCEMENT ASSISTANCE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on-- (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. (2) An identification of the Hong Kong laws under which such requests were issued. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies. (c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. <all> | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. SEC. 2. REPORT ON REQUESTS FROM GOVERNMENT OF HONG KONG TO UNITED STATES COMPANIES FOR CONSUMER INFORMATION, CONTENT TAKEDOWNS, OR LAW ENFORCEMENT ASSISTANCE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on-- (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies. (c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. SEC. 2. REPORT ON REQUESTS FROM GOVERNMENT OF HONG KONG TO UNITED STATES COMPANIES FOR CONSUMER INFORMATION, CONTENT TAKEDOWNS, OR LAW ENFORCEMENT ASSISTANCE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on-- (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. (2) An identification of the Hong Kong laws under which such requests were issued. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies. (c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. <all> | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. SEC. 2. REPORT ON REQUESTS FROM GOVERNMENT OF HONG KONG TO UNITED STATES COMPANIES FOR CONSUMER INFORMATION, CONTENT TAKEDOWNS, OR LAW ENFORCEMENT ASSISTANCE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on-- (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. (2) An identification of the Hong Kong laws under which such requests were issued. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies. (c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. <all> | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. ( (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( 2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( 2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. ( (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( 2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. ( (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( 2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. ( (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( 2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. ( c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. ( (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. | 470 |
492 | 5,008 | S.4643 | Crime and Law Enforcement | Biometric Collection Improvement Act
This bill requires the Department of Justice to (1) study and recommend ways to improve the collection of biometric information by state law enforcement agencies, and (2) award grants to help law enforcement agencies implement the recommendations. | To conduct a study of the collection of biometric information by State
law enforcement agencies, to establish a grant program to assist State,
tribal, and local law enforcement agencies to implement best practices,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biometric Collection Improvement
Act''.
SEC. 2. STATE PRACTICES FOR COLLECTING BIOMETRIC INFORMATION.
(a) Study.--The Director of the Bureau of Justice Statistics, in
consultation with the Director of the Federal Bureau of Investigation,
shall conduct a study to determine how State law enforcement agencies
collect biometric information in the administration of the criminal
justice system.
(b) Report.--After completing the study required under subsection
(a), the Director of the Bureau of Justice Statistics shall submit a
report containing the results of such study to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on the Judiciary of the House of
Representatives; and
(3) the Attorney General.
(c) Recommendations.--The Attorney General, in consultation with
the Director of the Bureau of Justice Statistics and the Director of
the Federal Bureau of Investigation, shall provide recommendations to
the chief law enforcement officer in each State that contain best
practices for improving the collection of biometric information in the
administration of the criminal justice system, including any
legislative reform needed to implement such improvements.
(d) Funding.--The study, report, and recommendations required under
this section shall be carried out with existing funding.
SEC. 3. BIOMETRIC GRANT PROGRAM.
(a) Establishment.--The Assistant Attorney General of the Office of
Justice Programs, working through the appropriate administrative agency
in each State, shall award competitive grants to State, tribal, and
local law enforcement agencies to assist such agencies to implement the
best practices referred to in section 2(c).
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for each of the fiscal year 2023 through 2027
for grants authorized under subsection (a).
<all> | Biometric Collection Improvement Act | A bill to conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. | Biometric Collection Improvement Act | Sen. Tillis, Thomas | R | NC | This bill requires the Department of Justice to (1) study and recommend ways to improve the collection of biometric information by state law enforcement agencies, and (2) award grants to help law enforcement agencies implement the recommendations. | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Collection Improvement Act''. SEC. 2. STATE PRACTICES FOR COLLECTING BIOMETRIC INFORMATION. (a) Study.--The Director of the Bureau of Justice Statistics, in consultation with the Director of the Federal Bureau of Investigation, shall conduct a study to determine how State law enforcement agencies collect biometric information in the administration of the criminal justice system. (b) Report.--After completing the study required under subsection (a), the Director of the Bureau of Justice Statistics shall submit a report containing the results of such study to-- (1) the Committee on the Judiciary of the Senate; (2) the Committee on the Judiciary of the House of Representatives; and (3) the Attorney General. (c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. SEC. 3. BIOMETRIC GRANT PROGRAM. (a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal year 2023 through 2027 for grants authorized under subsection (a). <all> | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Collection Improvement Act''. SEC. 2. STATE PRACTICES FOR COLLECTING BIOMETRIC INFORMATION. (a) Study.--The Director of the Bureau of Justice Statistics, in consultation with the Director of the Federal Bureau of Investigation, shall conduct a study to determine how State law enforcement agencies collect biometric information in the administration of the criminal justice system. (b) Report.--After completing the study required under subsection (a), the Director of the Bureau of Justice Statistics shall submit a report containing the results of such study to-- (1) the Committee on the Judiciary of the Senate; (2) the Committee on the Judiciary of the House of Representatives; and (3) the Attorney General. (c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. SEC. 3. BIOMETRIC GRANT PROGRAM. (a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal year 2023 through 2027 for grants authorized under subsection (a). <all> | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Collection Improvement Act''. SEC. 2. STATE PRACTICES FOR COLLECTING BIOMETRIC INFORMATION. (a) Study.--The Director of the Bureau of Justice Statistics, in consultation with the Director of the Federal Bureau of Investigation, shall conduct a study to determine how State law enforcement agencies collect biometric information in the administration of the criminal justice system. (b) Report.--After completing the study required under subsection (a), the Director of the Bureau of Justice Statistics shall submit a report containing the results of such study to-- (1) the Committee on the Judiciary of the Senate; (2) the Committee on the Judiciary of the House of Representatives; and (3) the Attorney General. (c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. SEC. 3. BIOMETRIC GRANT PROGRAM. (a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal year 2023 through 2027 for grants authorized under subsection (a). <all> | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Collection Improvement Act''. SEC. 2. STATE PRACTICES FOR COLLECTING BIOMETRIC INFORMATION. (a) Study.--The Director of the Bureau of Justice Statistics, in consultation with the Director of the Federal Bureau of Investigation, shall conduct a study to determine how State law enforcement agencies collect biometric information in the administration of the criminal justice system. (b) Report.--After completing the study required under subsection (a), the Director of the Bureau of Justice Statistics shall submit a report containing the results of such study to-- (1) the Committee on the Judiciary of the Senate; (2) the Committee on the Judiciary of the House of Representatives; and (3) the Attorney General. (c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. SEC. 3. BIOMETRIC GRANT PROGRAM. (a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal year 2023 through 2027 for grants authorized under subsection (a). <all> | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. This Act may be cited as the ``Biometric Collection Improvement Act''. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. This Act may be cited as the ``Biometric Collection Improvement Act''. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. This Act may be cited as the ``Biometric Collection Improvement Act''. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. This Act may be cited as the ``Biometric Collection Improvement Act''. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. This Act may be cited as the ``Biometric Collection Improvement Act''. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. ( | To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). ( | 341 |
496 | 3,526 | S.3933 | Taxation | Ending Corporate Greed Act
This bill imposes a tax through 2024 on certain corporations (corporations other than regulated investment companies, real estate investment trusts, or S corporations) that have average annual gross receipts for a three-year period of at least $500 million. The tax is 95% of what are deemed excess profits for a taxable year. | To amend the Internal Revenue Code of 1986 to impose an income tax on
excess profits of certain corporations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Corporate Greed Act''.
SEC. 2. TAX ON EXCESS BUSINESS PROFITS OF CERTAIN CORPORATIONS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--EXCESS BUSINESS PROFITS
``Sec. 59B. Tax on excess business profits of taxpayers with
substantial gross receipts.
``SEC. 59B. TAX ON EXCESS BUSINESS PROFITS OF TAXPAYERS WITH
SUBSTANTIAL GROSS RECEIPTS.
``(a) Imposition of Tax.--There is hereby imposed on each
applicable taxpayer for any taxable year a tax equal to 95 percent of
the excess profits for the taxable year. Such tax shall be in addition
to any other tax imposed by this subtitle.
``(b) Limitation.--The amount of tax imposed under subsection (a)
for any taxable year shall not exceed 75 percent of the modified
taxable income of the taxpayer for such taxable year.
``(c) Excess Profits.--For purposes of this section--
``(1) In general.--The term `excess profits' means, with
respect to any applicable taxpayer for any taxable year, the
excess of--
``(A) the modified taxable income of the taxpayer
for the taxable year, over
``(B) the average of the inflation adjusted
modified taxable income of the taxpayer for taxable
years beginning in 2015, 2016, 2017, 2018, and 2019.
``(2) Inflation adjusted modified taxable income.--
``(A) In general.--The term `inflation adjusted
modified taxable income' means, with respect to any
taxable year described in paragraph (1)(B), the
modified adjusted gross income for such taxable year
increased by an amount equal to--
``(i) such modified adjusted gross income,
multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year
described in paragraph (1)(A) begins,
calculated by using in section 1(f)(3)(A)(ii)
the CPI for the calendar year immediately
before the calendar year in which the taxable
year for which the increase under this
paragraph is determined in lieu of the CPI for
calendar year 2016.
``(B) Rounding.--Any increase determined under
subparagraph (A) shall be rounded to the nearest
multiple of $500.
``(d) Modified Taxable Income.--For purposes of this section, the
term `modified taxable income' means, with respect to any taxable year,
the taxable income of the taxpayer computed under this chapter for such
taxable year, determined with the following modifications:
``(1) Global intangible low-taxed income.--In determining
the amount of global intangible low-taxed income included in
income for the taxable year, the taxpayer's net deemed tangible
income return for the taxable year under section 951A(b)(1)(B)
shall be zero.
``(2) Deductions for fdii and gilti.--No deduction shall be
allowed under section 250.
``(3) Depreciation system.--In the case of tangible
property, the depreciation deduction allowable under section
167 shall be determined under the alternative depreciation
system of section 168(g).
``(4) Research and experimental expenses.--Section 174
shall be applied to amounts paid or incurred in any taxable
year beginning on or before December 31, 2021, in the same
manner as it is applied to amounts paid or incurred in taxable
years beginning after such date.
``(5) Deductions for employee remuneration.--
``(A) In general.--Section 162(m) shall be
applied--
``(i) by substituting `covered individual
(as defined in section 59B(d)(5)(B))' for
`covered employee' each place it appears in
paragraphs (1) and (4) thereof,
``(ii) by treating any reference to an
`employee' in paragraphs (1) and (4) thereof as
a reference to an `individual', and
``(iii) by substituting `was required to
file reports under section 15(d) of such Act
(15 U.S.C. 78o(d)) at any time during the 3-
taxable year period ending with the taxable
year' for `is required to file reports under
section 15(d) of such Act (15 U.S.C. 78o(d))'
in paragraph (2) thereof.
``(B) Covered individual.--For purposes of applying
this paragraph to section 162(m), the term `covered
individual' means any individual who performs services
(directly or indirectly) for the taxpayer (or any
predecessor) for any taxable year beginning after
December 31, 2021.
``(e) Applicable Taxpayer.--For purposes of this section--
``(1) In general.--The term `applicable taxpayer' means,
with respect to any taxable year, a taxpayer--
``(A) which is a corporation other than a regulated
investment company, a real estate investment trust, or
an S corporation, and
``(B) the average annual gross receipts of which
for the 3-taxable-year period ending with the preceding
taxable year are at least $500,000,000.
``(2) Gross receipts.--
``(A) Special rule for foreign persons.--In the
case of a foreign person the gross receipts of which
are taken into account for purposes of paragraph
(1)(B), only gross receipts which are taken into
account in determining income which is effectively
connected with the conduct of a trade or business
within the United States shall be taken into account.
In the case of a taxpayer which is a foreign person,
the preceding sentence shall not apply to the gross
receipts of any United States person which are
aggregated with the taxpayer's gross receipts by reason
of paragraph (3).
``(B) Other rules made applicable.--Rules similar
to the rules of section 448(c)(3) shall apply in
determining gross receipts for purposes of this
section.
``(3) Aggregation rules.--All persons treated as a single
employer under subsection (a) of section 52 shall be treated as
1 person for purposes of this subsection, except that in
applying section 1563 for purposes of section 52, the exception
for foreign corporations under section 1563(b)(2)(C) shall be
disregarded.
``(f) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2024.''.
(b) Conforming Amendment.--The table of subchapters for subchapter
A of chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new item:
``PART VIII--Excess Business Profits''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
<all> | Ending Corporate Greed Act | A bill to amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. | Ending Corporate Greed Act | Sen. Sanders, Bernard | I | VT | This bill imposes a tax through 2024 on certain corporations (corporations other than regulated investment companies, real estate investment trusts, or S corporations) that have average annual gross receipts for a three-year period of at least $500 million. The tax is 95% of what are deemed excess profits for a taxable year. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Corporate Greed Act''. SEC. 2. TAX ON EXCESS BUSINESS PROFITS OF CERTAIN CORPORATIONS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--EXCESS BUSINESS PROFITS ``Sec. 59B. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(2) Inflation adjusted modified taxable income.-- ``(A) In general.--The term `inflation adjusted modified taxable income' means, with respect to any taxable year described in paragraph (1)(B), the modified adjusted gross income for such taxable year increased by an amount equal to-- ``(i) such modified adjusted gross income, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year described in paragraph (1)(A) begins, calculated by using in section 1(f)(3)(A)(ii) the CPI for the calendar year immediately before the calendar year in which the taxable year for which the increase under this paragraph is determined in lieu of the CPI for calendar year 2016. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(5) Deductions for employee remuneration.-- ``(A) In general.--Section 162(m) shall be applied-- ``(i) by substituting `covered individual (as defined in section 59B(d)(5)(B))' for `covered employee' each place it appears in paragraphs (1) and (4) thereof, ``(ii) by treating any reference to an `employee' in paragraphs (1) and (4) thereof as a reference to an `individual', and ``(iii) by substituting `was required to file reports under section 15(d) of such Act (15 U.S.C. 78o(d))' in paragraph (2) thereof. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(B) Other rules made applicable.--Rules similar to the rules of section 448(c)(3) shall apply in determining gross receipts for purposes of this section. | This Act may be cited as the ``Ending Corporate Greed Act''. SEC. 2. TAX ON EXCESS BUSINESS PROFITS OF CERTAIN CORPORATIONS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--EXCESS BUSINESS PROFITS ``Sec. 59B. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(5) Deductions for employee remuneration.-- ``(A) In general.--Section 162(m) shall be applied-- ``(i) by substituting `covered individual (as defined in section 59B(d)(5)(B))' for `covered employee' each place it appears in paragraphs (1) and (4) thereof, ``(ii) by treating any reference to an `employee' in paragraphs (1) and (4) thereof as a reference to an `individual', and ``(iii) by substituting `was required to file reports under section 15(d) of such Act (15 U.S.C. 78o(d))' in paragraph (2) thereof. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(B) Other rules made applicable.--Rules similar to the rules of section 448(c)(3) shall apply in determining gross receipts for purposes of this section. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Corporate Greed Act''. SEC. 2. TAX ON EXCESS BUSINESS PROFITS OF CERTAIN CORPORATIONS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--EXCESS BUSINESS PROFITS ``Sec. 59B. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(2) Inflation adjusted modified taxable income.-- ``(A) In general.--The term `inflation adjusted modified taxable income' means, with respect to any taxable year described in paragraph (1)(B), the modified adjusted gross income for such taxable year increased by an amount equal to-- ``(i) such modified adjusted gross income, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year described in paragraph (1)(A) begins, calculated by using in section 1(f)(3)(A)(ii) the CPI for the calendar year immediately before the calendar year in which the taxable year for which the increase under this paragraph is determined in lieu of the CPI for calendar year 2016. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(2) Deductions for fdii and gilti.--No deduction shall be allowed under section 250. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(4) Research and experimental expenses.--Section 174 shall be applied to amounts paid or incurred in any taxable year beginning on or before December 31, 2021, in the same manner as it is applied to amounts paid or incurred in taxable years beginning after such date. ``(5) Deductions for employee remuneration.-- ``(A) In general.--Section 162(m) shall be applied-- ``(i) by substituting `covered individual (as defined in section 59B(d)(5)(B))' for `covered employee' each place it appears in paragraphs (1) and (4) thereof, ``(ii) by treating any reference to an `employee' in paragraphs (1) and (4) thereof as a reference to an `individual', and ``(iii) by substituting `was required to file reports under section 15(d) of such Act (15 U.S.C. 78o(d))' in paragraph (2) thereof. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(e) Applicable Taxpayer.--For purposes of this section-- ``(1) In general.--The term `applicable taxpayer' means, with respect to any taxable year, a taxpayer-- ``(A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and ``(B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(B) Other rules made applicable.--Rules similar to the rules of section 448(c)(3) shall apply in determining gross receipts for purposes of this section. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Corporate Greed Act''. SEC. 2. TAX ON EXCESS BUSINESS PROFITS OF CERTAIN CORPORATIONS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--EXCESS BUSINESS PROFITS ``Sec. Tax on excess business profits of taxpayers with substantial gross receipts. 59B. ``(a) Imposition of Tax.--There is hereby imposed on each applicable taxpayer for any taxable year a tax equal to 95 percent of the excess profits for the taxable year. Such tax shall be in addition to any other tax imposed by this subtitle. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(2) Inflation adjusted modified taxable income.-- ``(A) In general.--The term `inflation adjusted modified taxable income' means, with respect to any taxable year described in paragraph (1)(B), the modified adjusted gross income for such taxable year increased by an amount equal to-- ``(i) such modified adjusted gross income, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year described in paragraph (1)(A) begins, calculated by using in section 1(f)(3)(A)(ii) the CPI for the calendar year immediately before the calendar year in which the taxable year for which the increase under this paragraph is determined in lieu of the CPI for calendar year 2016. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(2) Deductions for fdii and gilti.--No deduction shall be allowed under section 250. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(4) Research and experimental expenses.--Section 174 shall be applied to amounts paid or incurred in any taxable year beginning on or before December 31, 2021, in the same manner as it is applied to amounts paid or incurred in taxable years beginning after such date. ``(5) Deductions for employee remuneration.-- ``(A) In general.--Section 162(m) shall be applied-- ``(i) by substituting `covered individual (as defined in section 59B(d)(5)(B))' for `covered employee' each place it appears in paragraphs (1) and (4) thereof, ``(ii) by treating any reference to an `employee' in paragraphs (1) and (4) thereof as a reference to an `individual', and ``(iii) by substituting `was required to file reports under section 15(d) of such Act (15 U.S.C. 78o(d))' in paragraph (2) thereof. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(e) Applicable Taxpayer.--For purposes of this section-- ``(1) In general.--The term `applicable taxpayer' means, with respect to any taxable year, a taxpayer-- ``(A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and ``(B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. In the case of a taxpayer which is a foreign person, the preceding sentence shall not apply to the gross receipts of any United States person which are aggregated with the taxpayer's gross receipts by reason of paragraph (3). ``(B) Other rules made applicable.--Rules similar to the rules of section 448(c)(3) shall apply in determining gross receipts for purposes of this section. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. (b) Conforming Amendment.--The table of subchapters for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``PART VIII--Excess Business Profits''. | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(e) Applicable Taxpayer.--For purposes of this section-- ``(1) In general.--The term `applicable taxpayer' means, with respect to any taxable year, a taxpayer-- ``(A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and ``(B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. 59B. Tax on excess business profits of taxpayers with substantial gross receipts. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. ( | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. 59B. Tax on excess business profits of taxpayers with substantial gross receipts. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. ( | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(e) Applicable Taxpayer.--For purposes of this section-- ``(1) In general.--The term `applicable taxpayer' means, with respect to any taxable year, a taxpayer-- ``(A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and ``(B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. 59B. Tax on excess business profits of taxpayers with substantial gross receipts. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. ( | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(e) Applicable Taxpayer.--For purposes of this section-- ``(1) In general.--The term `applicable taxpayer' means, with respect to any taxable year, a taxpayer-- ``(A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and ``(B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. 59B. Tax on excess business profits of taxpayers with substantial gross receipts. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. ( | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(e) Applicable Taxpayer.--For purposes of this section-- ``(1) In general.--The term `applicable taxpayer' means, with respect to any taxable year, a taxpayer-- ``(A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and ``(B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. 59B. Tax on excess business profits of taxpayers with substantial gross receipts. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. ( | To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ( | 1,056 |
497 | 6,575 | H.R.7742 | Finance and Financial Sector | Enhancing Financial Stability Research and Oversight Act
This bill gives the Director of the Office of Financial Research (OFR) within the Department of the Treasury sole discretion over the OFR's annual budget. It also establishes minimum funding and staffing levels for the OFR and for the Financial Stability Oversight Council. | To amend the Financial Stability Act of 2010 to preserve the
independent funding in the Office of Financial Research, to establish
minimum staffing levels for the Financial Stability Oversight Council,
to establish minimum funding levels for such staff, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Financial Stability
Research and Oversight Act''.
SEC. 2. PRESERVING INDEPENDENT FUNDING.
The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is
amended--
(1) in section 152--
(A) by amending subsection (c) to read as follows:
``(c) Budget.--
``(1) In general.--The Director shall have sole discretion
to establish the annual budget of the Office.
``(2) Minimum funding level of the budget.--The annual
budget of the Office in any given fiscal year shall not be less
than $104,770,000.
``(3) Adjustment of minimum funding level.--The dollar
amount referred to in paragraph (2) shall be adjusted annually
by the Director, using the percent increase, if any, in the
employment cost index for total compensation for State and
local government workers published by the Federal Government,
or the successor index thereto, for the 12-month period ending
September 30 of the year preceding the annual budget.
``(4) Minimum staffing level.--The Director shall ensure
that the Office has not less than 255 full-time equivalent
positions.'';
(B) in subsection (d), by striking ``, in
consultation with the Chairperson,'' each place such
term appears;
(C) in subsection (h), by striking ``, in
consultation with the Chairperson,''; and
(D) in subsection (i), by striking ``, in
consultation with the Chairperson,''; and
(2) in section 155--
(A) in subsection (d), by inserting before the
period the following: ``, as determined in the sole
discretion of the Director''; and
(B) by adding at the end the following:
``(e) Reviewability.--Notwithstanding any other provision of this
subtitle, the funding pursuant to subsection (d) shall not be subject
to review by the Committees on Appropriations of the House of
Representatives and the Senate.
``(f) Preservation of the Office of Financial Research's
Independence.--Nothing in this section shall authorize the Secretary to
influence the budget or the number or compensation of employees of the
Office.''.
SEC. 3. MINIMUM FSOC STAFFING LEVELS.
(a) Minimum Staffing Level.--Section 111 of the Financial Stability
Act of 2010 (12 U.S.C. 5321) is amended by adding at the end the
following:
``(k) Minimum Staffing Level.--The Chairperson of the Council shall
ensure that the Council has not less than 36 full-time equivalent
positions, not including any employees detailed pursuant to subsection
(j).''.
(b) Minimum Budget Levels.--Section 118 of the Financial Stability
Act of 2010 (12 U.S.C. 5328) is amended to read as follows:
``SEC. 118. COUNCIL FUNDING.
``(a) In General.--The Office of Financial Research shall transfer
to the Council the amount of funds necessary to pay for the expenses of
the Council, and the Council may immediately use such funds.
``(b) Minimum Budget.--The Office of Financial Research shall
transfer not less than $8,500,000 to the Council each year to pay for
the staffing and other expenses of the Council, including for the
office of the independent member of the Council described under section
111(b)(1)(J). Such dollar amount shall be adjusted annually by the
Chairperson of the Council, using the percent increase, if any, in the
employment cost index for total compensation for State and local
government workers published by the Federal Government, or the
successor index thereto, for the 12-month period ending September 30 of
the previous year.''.
<all> | Enhancing Financial Stability Research and Oversight Act | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. | Enhancing Financial Stability Research and Oversight Act | Rep. Foster, Bill | D | IL | This bill gives the Director of the Office of Financial Research (OFR) within the Department of the Treasury sole discretion over the OFR's annual budget. It also establishes minimum funding and staffing levels for the OFR and for the Financial Stability Oversight Council. | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Financial Stability Research and Oversight Act''. 2. PRESERVING INDEPENDENT FUNDING. The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(2) Minimum funding level of the budget.--The annual budget of the Office in any given fiscal year shall not be less than $104,770,000. ``(4) Minimum staffing level.--The Director shall ensure that the Office has not less than 255 full-time equivalent positions. ''; (B) in subsection (d), by striking ``, in consultation with the Chairperson,'' each place such term appears; (C) in subsection (h), by striking ``, in consultation with the Chairperson,''; and (D) in subsection (i), by striking ``, in consultation with the Chairperson,''; and (2) in section 155-- (A) in subsection (d), by inserting before the period the following: ``, as determined in the sole discretion of the Director''; and (B) by adding at the end the following: ``(e) Reviewability.--Notwithstanding any other provision of this subtitle, the funding pursuant to subsection (d) shall not be subject to review by the Committees on Appropriations of the House of Representatives and the Senate. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. SEC. 3. MINIMUM FSOC STAFFING LEVELS. 5328) is amended to read as follows: ``SEC. 118. COUNCIL FUNDING. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). Such dollar amount shall be adjusted annually by the Chairperson of the Council, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the previous year.''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Financial Stability Research and Oversight Act''. 2. The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(4) Minimum staffing level.--The Director shall ensure that the Office has not less than 255 full-time equivalent positions. ''; (B) in subsection (d), by striking ``, in consultation with the Chairperson,'' each place such term appears; (C) in subsection (h), by striking ``, in consultation with the Chairperson,''; and (D) in subsection (i), by striking ``, in consultation with the Chairperson,''; and (2) in section 155-- (A) in subsection (d), by inserting before the period the following: ``, as determined in the sole discretion of the Director''; and (B) by adding at the end the following: ``(e) Reviewability.--Notwithstanding any other provision of this subtitle, the funding pursuant to subsection (d) shall not be subject to review by the Committees on Appropriations of the House of Representatives and the Senate. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. SEC. 3. MINIMUM FSOC STAFFING LEVELS. 118. COUNCIL FUNDING. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). Such dollar amount shall be adjusted annually by the Chairperson of the Council, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the previous year.''. | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Financial Stability Research and Oversight Act''. SEC. 2. PRESERVING INDEPENDENT FUNDING. The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(2) Minimum funding level of the budget.--The annual budget of the Office in any given fiscal year shall not be less than $104,770,000. ``(3) Adjustment of minimum funding level.--The dollar amount referred to in paragraph (2) shall be adjusted annually by the Director, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the year preceding the annual budget. ``(4) Minimum staffing level.--The Director shall ensure that the Office has not less than 255 full-time equivalent positions.''; (B) in subsection (d), by striking ``, in consultation with the Chairperson,'' each place such term appears; (C) in subsection (h), by striking ``, in consultation with the Chairperson,''; and (D) in subsection (i), by striking ``, in consultation with the Chairperson,''; and (2) in section 155-- (A) in subsection (d), by inserting before the period the following: ``, as determined in the sole discretion of the Director''; and (B) by adding at the end the following: ``(e) Reviewability.--Notwithstanding any other provision of this subtitle, the funding pursuant to subsection (d) shall not be subject to review by the Committees on Appropriations of the House of Representatives and the Senate. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. SEC. 3. MINIMUM FSOC STAFFING LEVELS. (a) Minimum Staffing Level.--Section 111 of the Financial Stability Act of 2010 (12 U.S.C. 5321) is amended by adding at the end the following: ``(k) Minimum Staffing Level.--The Chairperson of the Council shall ensure that the Council has not less than 36 full-time equivalent positions, not including any employees detailed pursuant to subsection (j).''. (b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. 118. COUNCIL FUNDING. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). Such dollar amount shall be adjusted annually by the Chairperson of the Council, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the previous year.''. <all> | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Financial Stability Research and Oversight Act''. SEC. 2. PRESERVING INDEPENDENT FUNDING. The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(2) Minimum funding level of the budget.--The annual budget of the Office in any given fiscal year shall not be less than $104,770,000. ``(3) Adjustment of minimum funding level.--The dollar amount referred to in paragraph (2) shall be adjusted annually by the Director, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the year preceding the annual budget. ``(4) Minimum staffing level.--The Director shall ensure that the Office has not less than 255 full-time equivalent positions.''; (B) in subsection (d), by striking ``, in consultation with the Chairperson,'' each place such term appears; (C) in subsection (h), by striking ``, in consultation with the Chairperson,''; and (D) in subsection (i), by striking ``, in consultation with the Chairperson,''; and (2) in section 155-- (A) in subsection (d), by inserting before the period the following: ``, as determined in the sole discretion of the Director''; and (B) by adding at the end the following: ``(e) Reviewability.--Notwithstanding any other provision of this subtitle, the funding pursuant to subsection (d) shall not be subject to review by the Committees on Appropriations of the House of Representatives and the Senate. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. SEC. 3. MINIMUM FSOC STAFFING LEVELS. (a) Minimum Staffing Level.--Section 111 of the Financial Stability Act of 2010 (12 U.S.C. 5321) is amended by adding at the end the following: ``(k) Minimum Staffing Level.--The Chairperson of the Council shall ensure that the Council has not less than 36 full-time equivalent positions, not including any employees detailed pursuant to subsection (j).''. (b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. 118. COUNCIL FUNDING. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). Such dollar amount shall be adjusted annually by the Chairperson of the Council, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the previous year.''. <all> | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). | 615 |
499 | 2,377 | S.3356 | Education | Elementary and Secondary School Counseling Act
This bill directs the Department of Education to award formula grants to state educational agencies and, through them, subgrants to local educational agencies to increase access to school-based, mental-health-services providers at high-need public elementary and secondary schools. | To effectively staff the high-need public elementary schools and
secondary schools of the United States with school-based mental health
services providers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary School
Counseling Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One in 5 children ages 13 through 18 has, or will have,
a serious mental illness.
(2) 11 percent of youth have a mood disorder, 10 percent of
youth have a behavior or conduct disorder, and 8 percent of
youth have an anxiety disorder.
(3) 50 percent of all lifetime cases of mental illness
begin by age 14. 37 percent of students with a mental health
condition age 14 and older drop out of school, which is the
highest school dropout rate of any disability group.
(4) 70 percent of youth in State and local juvenile systems
have a mental illness.
(5) Youth with access to mental health services in school-
based health centers are 10 times more likely to seek care for
mental health or substance abuse than youth without access.
(6) The leading counseling, guidance, and mental health
organizations, including the American School Counselor
Association, the National Association of School Psychologists,
the National Association of Social Workers, and the School
Social Work Association of America, recommend that schools
maintain--
(A) a maximum student to school counselor ratio of
250 to 1;
(B) a maximum student to school psychologist ratio
of 500 to 1; and
(C) a maximum student to school social worker ratio
of 250 to 1.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', ``secondary school'', ``State'',
and ``State educational agency'' have the meanings given the
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) High-need school.--The term ``high-need school'' has
the meaning given the term in section 2211(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6631(b)).
(3) School-based mental health services provider.--The term
``school-based mental health services provider'' includes a
State-licensed or State certified school counselor, school
psychologist, school social worker, community-based mental
health provider organization, or other State licensed or
certified mental health professional qualified under State law
to provide mental health services to children and adolescents.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANTS AND SUBGRANTS.
(a) Program Authorized.--
(1) In general.--The Secretary shall award formula grants,
from allotments made under subsection (b), to State educational
agencies to enable the State educational agencies to award
subgrants to local educational agencies in order to increase
access to school-based mental health services providers at
high-need schools served by the local educational agencies.
(2) Duration.--A grant awarded under this section shall be
for a 5-year period and may be renewed for additional 5-year
periods upon a showing of adequate progress on meeting the
goals of the grant, as determined by the Secretary.
(b) Formula Grants.--
(1) In general.--
(A) Formula.--From the total amount made available
under section 5 for a fiscal year, the Secretary shall
allot to each such State that submits a complete
application an amount that bears the same relationship
to such total amount as the amount received under part
A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) by such State for
such fiscal year bears to the amount received under
such part for such fiscal year by all States.
(B) Small state minimum.--No State receiving an
allotment under this paragraph shall receive less than
one-half of 1 percent of the total amount allotted
under this paragraph.
(2) Matching requirements.--In order to receive an
allotment under this paragraph, a State shall agree to provide
matching funds, in an amount equal to 20 percent of the amount
of the allotment, toward the costs of the activities carried
out under the grant.
(c) Application.--A State educational agency desiring a grant under
this section shall submit an application at such time, in such manner,
and containing such information as the Secretary may require. Each
application shall include, at a minimum--
(1) a description of how the State educational agency will
award subgrants to local educational agencies under subsection
(d);
(2) a description of how the State educational agency will
disseminate, in a timely manner, information regarding the
subgrants and the application process for such subgrants to
local educational agencies; and
(3) the ratios, as of the date of application, of students
to school-based mental health services providers in each public
elementary school and secondary school in the State, in the
aggregate and disaggregated to include--
(A) the ratios of students to school counselors,
school psychologists, and school social workers; and
(B) as applicable, the ratios of students to other
school-based mental health services providers not
described in subparagraph (A), in the aggregate and
disaggregated by type of provider.
(d) Subgrants.--
(1) In general.--A State educational agency receiving a
grant under this section shall use grant funds to award
subgrants, on a competitive basis, to local educational
agencies in the State, to enable the local educational agencies
to--
(A) employ school-based mental health services
providers or contract with community mental health
centers to work at high-need schools served by the
local educational agency; and
(B) work toward effectively staffing the high-need
schools of the State with school-based mental health
services providers, including by meeting the
recommended maximum ratios of--
(i) 250 students per school counselor;
(ii) 500 students per school psychologist;
and
(iii) 250 students per school social
worker.
(2) Priority.--In awarding subgrants under this subsection,
the State shall give priority to local educational agencies
that serve a significant number of high-need schools.
(3) Application.--A local educational agency desiring a
subgrant under this subsection shall submit an application to
the State educational agency at such time, in such manner, and
containing such information as the State educational agency may
require, including information on how the local educational
agency will prioritize assisting high-need schools with the
largest numbers or percentages of students from low-income
families.
(e) Grant and Subgrant Requirements.--
(1) Supplement, not supplant.--Amounts provided under a
grant or subgrant under this section shall supplement, and not
supplant, any other funds available to a State educational
agency or local educational agency for school-based mental
health services.
(2) Combining funds allowed.--A State educational agency
receiving a grant under this section may combine funds made
available under this section with State or local funds to carry
out the activities described in subsection (d)(1).
(f) Reports.--
(1) Local educational agencies.--A local educational agency
that receives a subgrant under this section shall submit a
report to the State on the activities carried out with the
subgrant funds.
(2) State.--A State educational agency receiving a grant
under this section shall annually prepare and submit a report
to the Secretary that--
(A) evaluates the progress made in achieving the
purposes of the grant;
(B) includes the most recent student to provider
ratios, in the aggregate and disaggregated as provided
in subsection (c)(3), for public elementary schools and
secondary schools in the State that were assisted under
the grant under this section; and
(C) describes any other resources needed to meet
the required recommended maximum student to school-
based mental health services provider ratios.
(3) Public availability.--The Secretary shall make all
reports submitted under this subsection available to the
public, including through the website of the Department.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
In order to provide school-based mental health services providers
in high-need schools in the States, there are authorized to be
appropriated to carry out this Act--
(1) $5,000,000,000 for fiscal year 2022; and
(2) such sums as may be necessary for each succeeding
fiscal year.
<all> | Elementary and Secondary School Counseling Act | A bill to effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. | Elementary and Secondary School Counseling Act | Sen. Merkley, Jeff | D | OR | This bill directs the Department of Education to award formula grants to state educational agencies and, through them, subgrants to local educational agencies to increase access to school-based, mental-health-services providers at high-need public elementary and secondary schools. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Act''. 2. FINDINGS. Congress finds the following: (1) One in 5 children ages 13 through 18 has, or will have, a serious mental illness. (2) 11 percent of youth have a mood disorder, 10 percent of youth have a behavior or conduct disorder, and 8 percent of youth have an anxiety disorder. (5) Youth with access to mental health services in school- based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access. (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 3. DEFINITIONS. 7801). 6631(b)). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. GRANTS AND SUBGRANTS. (2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. (b) Formula Grants.-- (1) In general.-- (A) Formula.--From the total amount made available under section 5 for a fiscal year, the Secretary shall allot to each such State that submits a complete application an amount that bears the same relationship to such total amount as the amount received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. (c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (f) Reports.-- (1) Local educational agencies.--A local educational agency that receives a subgrant under this section shall submit a report to the State on the activities carried out with the subgrant funds. (3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Act''. 2. FINDINGS. Congress finds the following: (1) One in 5 children ages 13 through 18 has, or will have, a serious mental illness. (2) 11 percent of youth have a mood disorder, 10 percent of youth have a behavior or conduct disorder, and 8 percent of youth have an anxiety disorder. (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 3. DEFINITIONS. 7801). 6631(b)). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. GRANTS AND SUBGRANTS. 6311 et seq.) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. (c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (f) Reports.-- (1) Local educational agencies.--A local educational agency that receives a subgrant under this section shall submit a report to the State on the activities carried out with the subgrant funds. (3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Act''. 2. FINDINGS. Congress finds the following: (1) One in 5 children ages 13 through 18 has, or will have, a serious mental illness. (2) 11 percent of youth have a mood disorder, 10 percent of youth have a behavior or conduct disorder, and 8 percent of youth have an anxiety disorder. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. (5) Youth with access to mental health services in school- based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access. (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 3. DEFINITIONS. 7801). 6631(b)). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. GRANTS AND SUBGRANTS. (2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. (b) Formula Grants.-- (1) In general.-- (A) Formula.--From the total amount made available under section 5 for a fiscal year, the Secretary shall allot to each such State that submits a complete application an amount that bears the same relationship to such total amount as the amount received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. (B) Small state minimum.--No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. (c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. (f) Reports.-- (1) Local educational agencies.--A local educational agency that receives a subgrant under this section shall submit a report to the State on the activities carried out with the subgrant funds. (3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. In order to provide school-based mental health services providers in high-need schools in the States, there are authorized to be appropriated to carry out this Act-- (1) $5,000,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each succeeding fiscal year. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Act''. 2. FINDINGS. Congress finds the following: (1) One in 5 children ages 13 through 18 has, or will have, a serious mental illness. (2) 11 percent of youth have a mood disorder, 10 percent of youth have a behavior or conduct disorder, and 8 percent of youth have an anxiety disorder. (3) 50 percent of all lifetime cases of mental illness begin by age 14. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. (4) 70 percent of youth in State and local juvenile systems have a mental illness. (5) Youth with access to mental health services in school- based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access. (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 3. DEFINITIONS. 7801). 6631(b)). (3) School-based mental health services provider.--The term ``school-based mental health services provider'' includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. GRANTS AND SUBGRANTS. (2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. (b) Formula Grants.-- (1) In general.-- (A) Formula.--From the total amount made available under section 5 for a fiscal year, the Secretary shall allot to each such State that submits a complete application an amount that bears the same relationship to such total amount as the amount received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. (B) Small state minimum.--No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. (c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. Each application shall include, at a minimum-- (1) a description of how the State educational agency will award subgrants to local educational agencies under subsection (d); (2) a description of how the State educational agency will disseminate, in a timely manner, information regarding the subgrants and the application process for such subgrants to local educational agencies; and (3) the ratios, as of the date of application, of students to school-based mental health services providers in each public elementary school and secondary school in the State, in the aggregate and disaggregated to include-- (A) the ratios of students to school counselors, school psychologists, and school social workers; and (B) as applicable, the ratios of students to other school-based mental health services providers not described in subparagraph (A), in the aggregate and disaggregated by type of provider. (2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. (e) Grant and Subgrant Requirements.-- (1) Supplement, not supplant.--Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. (f) Reports.-- (1) Local educational agencies.--A local educational agency that receives a subgrant under this section shall submit a report to the State on the activities carried out with the subgrant funds. (3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. In order to provide school-based mental health services providers in high-need schools in the States, there are authorized to be appropriated to carry out this Act-- (1) $5,000,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each succeeding fiscal year. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. ( (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 4) Secretary.--The term ``Secretary'' means the Secretary of Education. (a) Program Authorized.-- (1) In general.--The Secretary shall award formula grants, from allotments made under subsection (b), to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies in order to increase access to school-based mental health services providers at high-need schools served by the local educational agencies. ( 2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. ( (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. ( (2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( 3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 4) 70 percent of youth in State and local juvenile systems have a mental illness. ( 2) High-need school.--The term ``high-need school'' has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)). (3) School-based mental health services provider.--The term ``school-based mental health services provider'' includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ( 2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. (e) Grant and Subgrant Requirements.-- (1) Supplement, not supplant.--Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. ( 2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 4) 70 percent of youth in State and local juvenile systems have a mental illness. ( 2) High-need school.--The term ``high-need school'' has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)). (3) School-based mental health services provider.--The term ``school-based mental health services provider'' includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ( 2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. (e) Grant and Subgrant Requirements.-- (1) Supplement, not supplant.--Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. ( 2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. ( (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 4) Secretary.--The term ``Secretary'' means the Secretary of Education. (a) Program Authorized.-- (1) In general.--The Secretary shall award formula grants, from allotments made under subsection (b), to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies in order to increase access to school-based mental health services providers at high-need schools served by the local educational agencies. ( 2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. ( (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. ( (2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( 3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 4) 70 percent of youth in State and local juvenile systems have a mental illness. ( 2) High-need school.--The term ``high-need school'' has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)). (3) School-based mental health services provider.--The term ``school-based mental health services provider'' includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ( 2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. (e) Grant and Subgrant Requirements.-- (1) Supplement, not supplant.--Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. ( 2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. ( (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 4) Secretary.--The term ``Secretary'' means the Secretary of Education. (a) Program Authorized.-- (1) In general.--The Secretary shall award formula grants, from allotments made under subsection (b), to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies in order to increase access to school-based mental health services providers at high-need schools served by the local educational agencies. ( 2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. ( (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. ( (2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( 3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 4) 70 percent of youth in State and local juvenile systems have a mental illness. ( 2) High-need school.--The term ``high-need school'' has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)). (3) School-based mental health services provider.--The term ``school-based mental health services provider'' includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ( 2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. (e) Grant and Subgrant Requirements.-- (1) Supplement, not supplant.--Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. ( 2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. ( (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 4) Secretary.--The term ``Secretary'' means the Secretary of Education. (a) Program Authorized.-- (1) In general.--The Secretary shall award formula grants, from allotments made under subsection (b), to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies in order to increase access to school-based mental health services providers at high-need schools served by the local educational agencies. ( 2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. ( (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. ( (2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( 3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. 4) 70 percent of youth in State and local juvenile systems have a mental illness. ( 2) High-need school.--The term ``high-need school'' has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)). (3) School-based mental health services provider.--The term ``school-based mental health services provider'' includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ( 2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( 2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. (e) Grant and Subgrant Requirements.-- (1) Supplement, not supplant.--Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. ( 2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). ( | To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. a) Program Authorized.-- (1) In general.--The Secretary shall award formula grants, from allotments made under subsection (b), to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies in order to increase access to school-based mental health services providers at high-need schools served by the local educational agencies. ( ( (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. ( 3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. ( ( | 1,355 |
500 | 12,059 | H.R.7065 | Energy | Hydrogen for Ports Act of 2022
This bill supports infrastructure for hydrogen-derived fuels, including ammonia, at ports and in the shipping industry. For example, the bill directs the Department of Energy to establish a program that awards grants to states, local governments, Indian tribes, and other eligible entities for infrastructure that supports hydrogen-derived fuels, including ammonia, at ports and in the shipping industry. | To require the Secretary of Energy to establish a grant program to
support hydrogen-fueled equipment at ports and to conduct a study with
the Secretary of Transportation and the Secretary of Homeland Security
on the feasibility and safety of using hydrogen-derived fuels,
including ammonia, as a shipping fuel.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen for Ports Act of 2022''.
SEC. 2. MARITIME MODERNIZATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity described in subsection (d).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Low-income or disadvantaged community.--The term ``low-
income or disadvantaged community'' means a community
(including a city, a town, a county, and any reasonably
isolated and divisible segment of a larger municipality) with
an annual median household income that is less than 100 percent
of the statewide annual median household income for the State
in which the community is located, according to the most recent
decennial census.
(4) Program.--The term ``program'' means the program
established under subsection (b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program under
which the Secretary shall provide grants, on a competitive basis, to
eligible entities for--
(1) the purchase, installation, construction, facilitation,
maintenance, or operation of, as appropriate--
(A) hydrogen- or ammonia-fueled cargo-handling
equipment, including, at a minimum, equipment used for
drayage applications;
(B) hydrogen fuel cell or ammonia-fueled trucks for
use at ports;
(C) hydrogen fuel cell or ammonia-fueled ferries,
tugboats, dredging vessels, container ships, bulk
carriers, fuel tankers, and other marine vessels;
(D) hydrogen fuel cell-based shore power for ships
while docked at the port;
(E) hydrogen fuel cell or ammonia onsite power
plants; and
(F) port infrastructure for hydrogen or ammonia
import, export, storage, and fueling; and
(2) the training of ship crew and shore personnel to handle
hydrogen or ammonia.
(c) Goals.--The goals of the program shall be--
(1) to demonstrate fuel cell, hydrogen, or ammonia
technologies in maritime and associated logistics applications;
(2) to assist in the development and validation of
technical targets for hydrogen, ammonia, and fuel cell systems
for maritime and associated logistics applications;
(3) to benchmark the conditions required for broad
commercialization of hydrogen, ammonia, and fuel cell
technologies in maritime and associated logistics applications;
(4) to assess the operational and technical considerations
for installing, constructing, and using hydrogen- or ammonia-
fueled equipment and supporting infrastructure at ports; and
(5) to reduce emissions and improve air quality in areas in
and around ports.
(d) Eligible Entities.--
(1) In general.--An entity eligible to receive a grant
under the program is--
(A) a State;
(B) a political subdivision of a State;
(C) a local government;
(D) a public agency or publicly chartered authority
established by 1 or more States;
(E) a special purpose district with a
transportation function;
(F) an Indian Tribe or a consortium of Indian
Tribes;
(G) a multistate or multijurisdictional group of
entities described in any of subparagraphs (A) through
(F); or
(H) subject to paragraph (2), a private entity or
group of private entities, including the owners or
operators of 1 or more facilities at a port.
(2) Joint eligibility with private entities.--A private
entity or group of private entities is eligible for a grant
under the program if--
(A) the private entity or group of private entities
partners with an entity described in any of
subparagraphs (A) through (G) of paragraph (1) for
purposes of applying for, and carrying out activities
under, the grant; and
(B) the entity described in the applicable
subparagraph of that paragraph is the lead entity with
respect to the application and those activities.
(e) Applications.--
(1) In general.--An eligible entity desiring a grant under
the program shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Requirement.--The application of an eligible entity
described in subparagraph (H) of subsection (d)(1) shall be
submitted jointly with an entity described in subparagraphs (A)
through (G) of that subsection.
(f) Considerations.--In providing grants under the program, the
Secretary, to the maximum extent practicable, shall--
(1) select projects that will generate the greatest benefit
to low-income or disadvantaged communities; and
(2) select projects that will--
(A) maximize the creation or retention of jobs in
the United States; and
(B) provide the highest job quality.
(g) Priority.--In selecting eligible entities to receive a grant
under the program, the Secretary shall give priority to projects that
will provide greater net impact in avoiding or reducing emissions of
greenhouse gases.
(h) Leak Detection.--Each eligible entity that receives a grant
under the program shall conduct--
(1) a hydrogen leakage monitoring, reporting, and
verification (also known as ``MRV'') program; and
(2) a hydrogen leak detection and repair (also known as
``LDAR'') program.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000
for each of fiscal years 2022 through 2026.
SEC. 3. STUDY.
(a) In General.--The Secretary of Energy, in consultation with the
Secretary of Transportation and the Secretary of Homeland Security,
shall conduct, and submit to Congress a report describing the results
of, a study--
(1) to fully address the challenges to ensure the safe use
and handling of hydrogen, ammonia, and other hydrogen-based
fuels on vessels and in ports;
(2) to identify, compare, and evaluate the feasibility of,
the safety, environmental, and health impacts of, and best
practices with respect to, the use of hydrogen-derived fuels,
including ammonia, as a shipping fuel;
(3) to identify and evaluate considerations for hydrogen
and ammonia storage, including--
(A) at ports;
(B) on board vessels; and
(C) for subsea hydrogen storage; and
(4) to assess the cost and value of a hydrogen or ammonia
strategic reserve, either as a new facility or as a
modification to the Strategic Petroleum Reserve established
under part B of title I of the Energy Policy and Conservation
Act (42 U.S.C. 6231 et seq.).
(b) Requirements.--In carrying out subsection (a), the Secretary of
Energy, the Secretary of Transportation, and the Secretary of Homeland
Security shall--
(1) take into account lessons learned from demonstration
projects in other industries, including--
(A) projects carried out in the United States;
(B) projects carried out in other countries; and
(C) projects relating to the automotive industry,
buses, petroleum refining, chemical production,
fertilizer production, and stationary power; and
(2) evaluate the applicability of the lessons described in
paragraph (1) to the use of hydrogen in maritime and associated
logistics applications.
<all> | Hydrogen for Ports Act of 2022 | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. | Hydrogen for Ports Act of 2022 | Rep. Porter, Katie | D | CA | This bill supports infrastructure for hydrogen-derived fuels, including ammonia, at ports and in the shipping industry. For example, the bill directs the Department of Energy to establish a program that awards grants to states, local governments, Indian tribes, and other eligible entities for infrastructure that supports hydrogen-derived fuels, including ammonia, at ports and in the shipping industry. | SHORT TITLE. This Act may be cited as the ``Hydrogen for Ports Act of 2022''. 2. MARITIME MODERNIZATION GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (d). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (3) Low-income or disadvantaged community.--The term ``low- income or disadvantaged community'' means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities for-- (1) the purchase, installation, construction, facilitation, maintenance, or operation of, as appropriate-- (A) hydrogen- or ammonia-fueled cargo-handling equipment, including, at a minimum, equipment used for drayage applications; (B) hydrogen fuel cell or ammonia-fueled trucks for use at ports; (C) hydrogen fuel cell or ammonia-fueled ferries, tugboats, dredging vessels, container ships, bulk carriers, fuel tankers, and other marine vessels; (D) hydrogen fuel cell-based shore power for ships while docked at the port; (E) hydrogen fuel cell or ammonia onsite power plants; and (F) port infrastructure for hydrogen or ammonia import, export, storage, and fueling; and (2) the training of ship crew and shore personnel to handle hydrogen or ammonia. (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. SEC. 3. STUDY. (b) Requirements.--In carrying out subsection (a), the Secretary of Energy, the Secretary of Transportation, and the Secretary of Homeland Security shall-- (1) take into account lessons learned from demonstration projects in other industries, including-- (A) projects carried out in the United States; (B) projects carried out in other countries; and (C) projects relating to the automotive industry, buses, petroleum refining, chemical production, fertilizer production, and stationary power; and (2) evaluate the applicability of the lessons described in paragraph (1) to the use of hydrogen in maritime and associated logistics applications. | This Act may be cited as the ``Hydrogen for Ports Act of 2022''. 2. MARITIME MODERNIZATION GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (d). (3) Low-income or disadvantaged community.--The term ``low- income or disadvantaged community'' means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities for-- (1) the purchase, installation, construction, facilitation, maintenance, or operation of, as appropriate-- (A) hydrogen- or ammonia-fueled cargo-handling equipment, including, at a minimum, equipment used for drayage applications; (B) hydrogen fuel cell or ammonia-fueled trucks for use at ports; (C) hydrogen fuel cell or ammonia-fueled ferries, tugboats, dredging vessels, container ships, bulk carriers, fuel tankers, and other marine vessels; (D) hydrogen fuel cell-based shore power for ships while docked at the port; (E) hydrogen fuel cell or ammonia onsite power plants; and (F) port infrastructure for hydrogen or ammonia import, export, storage, and fueling; and (2) the training of ship crew and shore personnel to handle hydrogen or ammonia. (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. SEC. 3. STUDY. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen for Ports Act of 2022''. 2. MARITIME MODERNIZATION GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (d). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Low-income or disadvantaged community.--The term ``low- income or disadvantaged community'' means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities for-- (1) the purchase, installation, construction, facilitation, maintenance, or operation of, as appropriate-- (A) hydrogen- or ammonia-fueled cargo-handling equipment, including, at a minimum, equipment used for drayage applications; (B) hydrogen fuel cell or ammonia-fueled trucks for use at ports; (C) hydrogen fuel cell or ammonia-fueled ferries, tugboats, dredging vessels, container ships, bulk carriers, fuel tankers, and other marine vessels; (D) hydrogen fuel cell-based shore power for ships while docked at the port; (E) hydrogen fuel cell or ammonia onsite power plants; and (F) port infrastructure for hydrogen or ammonia import, export, storage, and fueling; and (2) the training of ship crew and shore personnel to handle hydrogen or ammonia. (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. (f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. (g) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. SEC. 3. STUDY. 6231 et seq.). (b) Requirements.--In carrying out subsection (a), the Secretary of Energy, the Secretary of Transportation, and the Secretary of Homeland Security shall-- (1) take into account lessons learned from demonstration projects in other industries, including-- (A) projects carried out in the United States; (B) projects carried out in other countries; and (C) projects relating to the automotive industry, buses, petroleum refining, chemical production, fertilizer production, and stationary power; and (2) evaluate the applicability of the lessons described in paragraph (1) to the use of hydrogen in maritime and associated logistics applications. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen for Ports Act of 2022''. 2. MARITIME MODERNIZATION GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (d). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Low-income or disadvantaged community.--The term ``low- income or disadvantaged community'' means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities for-- (1) the purchase, installation, construction, facilitation, maintenance, or operation of, as appropriate-- (A) hydrogen- or ammonia-fueled cargo-handling equipment, including, at a minimum, equipment used for drayage applications; (B) hydrogen fuel cell or ammonia-fueled trucks for use at ports; (C) hydrogen fuel cell or ammonia-fueled ferries, tugboats, dredging vessels, container ships, bulk carriers, fuel tankers, and other marine vessels; (D) hydrogen fuel cell-based shore power for ships while docked at the port; (E) hydrogen fuel cell or ammonia onsite power plants; and (F) port infrastructure for hydrogen or ammonia import, export, storage, and fueling; and (2) the training of ship crew and shore personnel to handle hydrogen or ammonia. (c) Goals.--The goals of the program shall be-- (1) to demonstrate fuel cell, hydrogen, or ammonia technologies in maritime and associated logistics applications; (2) to assist in the development and validation of technical targets for hydrogen, ammonia, and fuel cell systems for maritime and associated logistics applications; (3) to benchmark the conditions required for broad commercialization of hydrogen, ammonia, and fuel cell technologies in maritime and associated logistics applications; (4) to assess the operational and technical considerations for installing, constructing, and using hydrogen- or ammonia- fueled equipment and supporting infrastructure at ports; and (5) to reduce emissions and improve air quality in areas in and around ports. (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. (e) Applications.-- (1) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. (g) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. SEC. 3. STUDY. (a) In General.--The Secretary of Energy, in consultation with the Secretary of Transportation and the Secretary of Homeland Security, shall conduct, and submit to Congress a report describing the results of, a study-- (1) to fully address the challenges to ensure the safe use and handling of hydrogen, ammonia, and other hydrogen-based fuels on vessels and in ports; (2) to identify, compare, and evaluate the feasibility of, the safety, environmental, and health impacts of, and best practices with respect to, the use of hydrogen-derived fuels, including ammonia, as a shipping fuel; (3) to identify and evaluate considerations for hydrogen and ammonia storage, including-- (A) at ports; (B) on board vessels; and (C) for subsea hydrogen storage; and (4) to assess the cost and value of a hydrogen or ammonia strategic reserve, either as a new facility or as a modification to the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.). (b) Requirements.--In carrying out subsection (a), the Secretary of Energy, the Secretary of Transportation, and the Secretary of Homeland Security shall-- (1) take into account lessons learned from demonstration projects in other industries, including-- (A) projects carried out in the United States; (B) projects carried out in other countries; and (C) projects relating to the automotive industry, buses, petroleum refining, chemical production, fertilizer production, and stationary power; and (2) evaluate the applicability of the lessons described in paragraph (1) to the use of hydrogen in maritime and associated logistics applications. | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. ( (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. ( i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( e) Applications.-- (1) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( e) Applications.-- (1) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. ( (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. ( i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( e) Applications.-- (1) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. ( (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. ( i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( e) Applications.-- (1) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. ( (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. ( i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( e) Applications.-- (1) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( | To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. 2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. ( f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. ( (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. ( i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. | 1,172 |
502 | 3,199 | S.4330 | Health | Specialty Physicians Advancing Rural Care Act or the SPARC Act
This bill establishes student loan repayment programs to support the provision of specialty medical care in rural areas.
The Health Resources and Services Administration (HRSA) must carry out such a program for certain specialty medicine physicians who provide care in rural communities with shortages of such physicians. Physicians must agree to a period of obligated service and, for each year of such service, HRSA must pay one-sixth of the principal payment and interest on eligible loans up to a maximum cap of $250,000. Additionally, HRSA may carry out a similar loan repayment program for nonphysician specialty health care providers. | To amend the Public Health Service Act to authorize a loan repayment
program to encourage specialty medicine physicians to serve in rural
communities experiencing a shortage of specialty medicine physicians,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Specialty Physicians Advancing Rural
Care Act'' or the ``SPARC Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a June 2021 study by the Association of
American Medical Colleges, titled ``The Complexities of
Physician Supply and Demand: Projections From 2019 to 2034'',
the projected demand for physicians continues to exceed
projected supply, with a projected shortage of between 37,800
and 124,000 physicians by 2034. Further, the study projects a
shortage of between 21,000 and 77,100 nonprimary care
physicians by 2034.
(2) A July 25, 2019, article, titled ``Implications of an
Aging Rural Physician Workforce'', published in the New England
Journal of Medicine, estimates that the size of the workforce
held relatively steady at about 12 physicians per 10,000
population in rural areas from 2000 to 2017, but such workforce
is forecast to decrease by 23 percent by 2030.
(3) According to the report by the Association of American
Medical Colleges, titled ``Medical Student Education: Debt,
Costs, and Loan Repayment Fact Card for the Class of 2020'',
the percentage of medical school graduates with education debt
is 73 percent and the average education debt amount for a
medical school graduate is $207,003. Medical school debt
accounts for 70 percent of overall student loan debt, and the
median stipend for a medical graduate's first year after
earning a medical degree is $58,305.
SEC. 3. SPECIALTY MEDICAL PRACTITIONERS WORKFORCE IN RURAL COMMUNITIES.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) by redesignating part G (42 U.S.C. 795j et seq.) as
part H; and
(2) by inserting after part F (42 U.S.C. 295h) the
following new part:
``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES
``SEC. 782. LOAN REPAYMENT PROGRAM.
``(a) In General.--
``(1) Program for specialty medicine physicians.--The
Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall carry out a
program under which--
``(A) the Secretary enters into agreements with
specialty medicine physicians to make payments in
accordance with subsection (b) on the principal of and
interest on any eligible loans described in subsection
(c); and
``(B) the specialty medicine physicians each agree
to complete a period of obligated service described in
subsection (d) as a specialty medicine physician in the
United States in a rural community experiencing a
shortage of specialty medicine physicians.
``(2) Program for non-physician specialty health care
providers.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may carry out
a program under which--
``(A) the Secretary enters into agreements with
non-physician specialty health care providers to make
payments in accordance with subsection (b) on the
principal of and interest on any eligible loans
described in subsection (c); and
``(B) the non-physician specialty health care
providers each agree to complete a period of obligated
service described in subsection (d) as a non-physician
specialty health care provider in the United States in
a rural community experiencing a shortage of such
providers.
``(b) Payments.--For each year of obligated service by a specialty
medicine physician pursuant to an agreement under subsection (a)(1) or
by a non-physician specialty health care provider pursuant to an
agreement under subsection (a)(2), the Secretary shall make a payment
to such physician or provider as follows:
``(1) Service in shortage area.--The Secretary shall pay--
``(A) for each year of obligated service by a
specialty medicine physician or non-physician specialty
health care provider pursuant to an agreement under
paragraph (1) or (2) of subsection (a), \1/6\ of the
principal of and interest on each eligible loan of the
physician or provider which is outstanding on the date
the physician or provider began service pursuant to the
agreement; and
``(B) for completion of the sixth and final year of
such service, the remainder of such principal and
interest.
``(2) Maximum amount.--The total amount of payments under
this section to any specialty medicine physician or non-
physician specialty health care provider shall not exceed
$250,000.
``(c) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education in specialty medicine or
specialty health care.
``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(3) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(4) Any other Federal loan as determined appropriate by
the Secretary.
``(d) Period of Obligated Service.--Any specialty medicine
physician or non-physician specialty health care provider receiving
payments under this section as required by an agreement under paragraph
(1) or (2) of subsection (a) shall agree to a 6-year commitment to
full-time employment, with no more than 1 year passing between any 2
years of covered employment, as a specialty medicine physician or non-
physician specialty health care provider, as applicable, in the United
States in a rural community experiencing a shortage of specialty
medicine physicians or non-physician specialty health care providers,
as applicable.
``(e) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations or a loan
repayment under both--
``(1) this section; and
``(2) any federally supported loan forgiveness program,
including under section 338B, 338I, or 846 of this Act, or
section 428J, 428L, 455(m), or 460 of the Higher Education Act
of 1965.
``(f) Breach.--
``(1) Liquidated damages formula.--The Secretary may
establish a liquidated damages formula to be used in the event
of a breach of an agreement entered into under paragraph (1) or
(2) of subsection (a).
``(2) Limitation.--The failure by a specialty medicine
physician or a non-physician specialty health care provider to
complete the full period of service obligated pursuant to such
an agreement, taken alone, shall not constitute a breach of the
agreement, so long as the physician or provider completed in
good faith the years of service for which payments were made to
the physician or provider under this section.
``(g) Special Rules for Non-Physician Specialty Health Care
Providers.--Non-physician specialty health care providers participating
in the program under this section are not eligible for other Federal
loan forgiveness programs specific to health care providers. Not more
than 15 percent of amounts made available to carry out this section for
a fiscal year may be allocated to awards to non-physician specialty
health care providers.
``(h) Reports to Congress.--Not later than 5 years after the date
of enactment of this section, and not less than every other year
thereafter through fiscal year 2030, the Secretary shall report to
Congress on--
``(1) the practice location of special medicine physicians
and non-physician specialty health care providers
participating, or who have participated, in the loan repayment
program under this section; and
``(2) the impact of the loan repayment program under this
section on the availability of specialty medicine or specialty
health care services in the United States in rural communities
experiencing a shortage of specialty medicine physicians or
non-physician specialty health care providers.
``(i) Data Updates.--The Administrator of the Health Resources and
Services Administration shall update publicly available data on the
supply of specialty medicine physicians and non-physician specialty
health care providers, as appropriate.
``(j) Definitions.--In this section:
``(1) Non-physician specialty health care provider.--The
term `non-physician specialty health care provider' means a
health professional other than a physician who is licensed to
provide patient care other than primary care services.
``(2) Specialty medicine physician.--The term `specialty
medicine physician' means a physician practicing in--
``(A) a specialty identified in the report of the
Health Resources and Services Administration, titled
`Projecting the Supply of Non-Primary Care Specialty
and Subspecialty Clinicians: 2010-2025';
``(B) hospice and palliative medicine;
``(C) geriatric medicine; or
``(D) another medical specialty, if the Secretary
determines that there is evidence demonstrating a
significant shortage of providers in the medical
specialty and limited patient access to care.
``(k) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2022 through 2031.''.
<all> | SPARC Act | A bill to amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. | SPARC Act
Specialty Physicians Advancing Rural Care Act | Sen. Rosen, Jacky | D | NV | This bill establishes student loan repayment programs to support the provision of specialty medical care in rural areas. The Health Resources and Services Administration (HRSA) must carry out such a program for certain specialty medicine physicians who provide care in rural communities with shortages of such physicians. Physicians must agree to a period of obligated service and, for each year of such service, HRSA must pay one-sixth of the principal payment and interest on eligible loans up to a maximum cap of $250,000. Additionally, HRSA may carry out a similar loan repayment program for nonphysician specialty health care providers. | SHORT TITLE. This Act may be cited as the ``Specialty Physicians Advancing Rural Care Act'' or the ``SPARC Act''. 2. FINDINGS. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. (2) A July 25, 2019, article, titled ``Implications of an Aging Rural Physician Workforce'', published in the New England Journal of Medicine, estimates that the size of the workforce held relatively steady at about 12 physicians per 10,000 population in rural areas from 2000 to 2017, but such workforce is forecast to decrease by 23 percent by 2030. Medical school debt accounts for 70 percent of overall student loan debt, and the median stipend for a medical graduate's first year after earning a medical degree is $58,305. 3. 292 et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. 782. LOAN REPAYMENT PROGRAM. ``(a) In General.-- ``(1) Program for specialty medicine physicians.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and ``(B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | SHORT TITLE. This Act may be cited as the ``Specialty Physicians Advancing Rural Care Act'' or the ``SPARC Act''. 2. FINDINGS. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. Medical school debt accounts for 70 percent of overall student loan debt, and the median stipend for a medical graduate's first year after earning a medical degree is $58,305. 3. 292 et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. 782. LOAN REPAYMENT PROGRAM. ``(a) In General.-- ``(1) Program for specialty medicine physicians.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and ``(B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Specialty Physicians Advancing Rural Care Act'' or the ``SPARC Act''. 2. FINDINGS. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. Further, the study projects a shortage of between 21,000 and 77,100 nonprimary care physicians by 2034. (2) A July 25, 2019, article, titled ``Implications of an Aging Rural Physician Workforce'', published in the New England Journal of Medicine, estimates that the size of the workforce held relatively steady at about 12 physicians per 10,000 population in rural areas from 2000 to 2017, but such workforce is forecast to decrease by 23 percent by 2030. Medical school debt accounts for 70 percent of overall student loan debt, and the median stipend for a medical graduate's first year after earning a medical degree is $58,305. 3. 292 et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. 782. LOAN REPAYMENT PROGRAM. ``(a) In General.-- ``(1) Program for specialty medicine physicians.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and ``(B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- ``(1) this section; and ``(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Specialty Physicians Advancing Rural Care Act'' or the ``SPARC Act''. 2. FINDINGS. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. Further, the study projects a shortage of between 21,000 and 77,100 nonprimary care physicians by 2034. (2) A July 25, 2019, article, titled ``Implications of an Aging Rural Physician Workforce'', published in the New England Journal of Medicine, estimates that the size of the workforce held relatively steady at about 12 physicians per 10,000 population in rural areas from 2000 to 2017, but such workforce is forecast to decrease by 23 percent by 2030. (3) According to the report by the Association of American Medical Colleges, titled ``Medical Student Education: Debt, Costs, and Loan Repayment Fact Card for the Class of 2020'', the percentage of medical school graduates with education debt is 73 percent and the average education debt amount for a medical school graduate is $207,003. Medical school debt accounts for 70 percent of overall student loan debt, and the median stipend for a medical graduate's first year after earning a medical degree is $58,305. 3. Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 795j et seq.) 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. 782. LOAN REPAYMENT PROGRAM. ``(a) In General.-- ``(1) Program for specialty medicine physicians.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and ``(B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- ``(1) this section; and ``(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. ``(h) Reports to Congress.--Not later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2030, the Secretary shall report to Congress on-- ``(1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and ``(2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers. ``(i) Data Updates.--The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. 2) A July 25, 2019, article, titled ``Implications of an Aging Rural Physician Workforce'', published in the New England Journal of Medicine, estimates that the size of the workforce held relatively steady at about 12 physicians per 10,000 population in rural areas from 2000 to 2017, but such workforce is forecast to decrease by 23 percent by 2030. (3) According to the report by the Association of American Medical Colleges, titled ``Medical Student Education: Debt, Costs, and Loan Repayment Fact Card for the Class of 2020'', the percentage of medical school graduates with education debt is 73 percent and the average education debt amount for a medical school graduate is $207,003. as part H; and (2) by inserting after part F (42 U.S.C. 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in specialty medicine or specialty health care. ``(3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(g) Special Rules for Non-Physician Specialty Health Care Providers.--Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. ``(i) Data Updates.--The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. LOAN REPAYMENT PROGRAM. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. LOAN REPAYMENT PROGRAM. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. 2) A July 25, 2019, article, titled ``Implications of an Aging Rural Physician Workforce'', published in the New England Journal of Medicine, estimates that the size of the workforce held relatively steady at about 12 physicians per 10,000 population in rural areas from 2000 to 2017, but such workforce is forecast to decrease by 23 percent by 2030. (3) According to the report by the Association of American Medical Colleges, titled ``Medical Student Education: Debt, Costs, and Loan Repayment Fact Card for the Class of 2020'', the percentage of medical school graduates with education debt is 73 percent and the average education debt amount for a medical school graduate is $207,003. as part H; and (2) by inserting after part F (42 U.S.C. 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in specialty medicine or specialty health care. ``(3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(g) Special Rules for Non-Physician Specialty Health Care Providers.--Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. ``(i) Data Updates.--The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. LOAN REPAYMENT PROGRAM. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. 2) A July 25, 2019, article, titled ``Implications of an Aging Rural Physician Workforce'', published in the New England Journal of Medicine, estimates that the size of the workforce held relatively steady at about 12 physicians per 10,000 population in rural areas from 2000 to 2017, but such workforce is forecast to decrease by 23 percent by 2030. (3) According to the report by the Association of American Medical Colleges, titled ``Medical Student Education: Debt, Costs, and Loan Repayment Fact Card for the Class of 2020'', the percentage of medical school graduates with education debt is 73 percent and the average education debt amount for a medical school graduate is $207,003. as part H; and (2) by inserting after part F (42 U.S.C. 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in specialty medicine or specialty health care. ``(3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(g) Special Rules for Non-Physician Specialty Health Care Providers.--Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. ``(i) Data Updates.--The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. LOAN REPAYMENT PROGRAM. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(g) Special Rules for Non-Physician Specialty Health Care Providers.--Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. LOAN REPAYMENT PROGRAM. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. ``(2) Maximum amount.--The total amount of payments under this section to any specialty medicine physician or non- physician specialty health care provider shall not exceed $250,000. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). ``(g) Special Rules for Non-Physician Specialty Health Care Providers.--Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. | 1,452 |
503 | 10,598 | H.R.5413 | Public Lands and Natural Resources | Outdoors for All Act
This bill directs the Department of the Interior to establish an outdoor recreation legacy partnership grant program under which Interior may award grants to states, certain political subdivisions of a state, special purpose districts, Indian tribes, or Alaska Native or Native Hawaiian communities or organizations. Funds must be used for projects to (1) acquire land and water for parks and other outdoor recreation purposes in qualifying areas, and (2) develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas.
A qualifying area is an area
Interior shall give priority to projects that | To codify the existing Outdoor Recreation Legacy Partnership Program of
the National Park Service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outdoors for All Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that represents or otherwise serves a qualifying area.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from taxation under section 501(a) of such
code.
(3) Entity.--The term ``entity'' means--
(A) a State;
(B) a political subdivision of a State, including--
(i) a city;
(ii) a county; and
(iii) a special purpose district that
manages open space, including a park district;
and
(C) an Indian Tribe or Alaska Native or Native
Hawaiian community or organization.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) an amount equal to 200 percent of the Federal
poverty line.
(6) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program established under section 3(a).
(7) Qualifying area.--The term ``qualifying area'' means--
(A) an area that has a population of 30,000 or more
in the most recent census; or
(B) an area administered by an Indian Tribe or an
Alaska Native or Native Hawaiian community
organization.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
SEC. 3. GRANTS AUTHORIZED.
(a) Establishment of Program.--
(1) In general.--The Secretary shall establish an outdoor
recreation legacy partnership program under which the Secretary
may award grants to eligible entities for projects--
(A) to acquire land and water for parks and other
outdoor recreation purposes in qualifying areas; and
(B) to develop new or renovate existing outdoor
recreation facilities that provide outdoor recreation
opportunities to the public in qualifying areas.
(2) Priority.--In awarding grants to eligible entities
under paragraph (1), the Secretary shall give priority to
projects that--
(A) create or significantly enhance access to park
and recreational opportunities in an urban neighborhood
or community;
(B) engage and empower underserved communities and
youth;
(C) provide employment or job training
opportunities for youth or underserved communities;
(D) establish or expand public-private
partnerships, with a focus on leveraging resources; and
(E) take advantage of coordination among various
levels of government.
(b) Matching Requirement.--
(1) In general.--As a condition of receiving a grant under
subsection (a), an eligible entity shall provide matching funds
in the form of cash or an in-kind contribution in an amount
equal to not less than 100 percent of the amounts made
available under the grant.
(2) Waiver.--The Secretary may waive all or part of the
matching requirement under paragraph (1) if the Secretary
determines that--
(A) no reasonable means are available through which
the eligible entity can meet the matching requirement;
and
(B) the probable benefit of the project outweighs
the public interest in the matching requirement.
(3) Administrative expenses.--Not more than 10 percent of
funds provided to an eligible entity under a grant awarded
under subsection (a) may be used for administrative expenses.
(c) Considerations.--In awarding grants to eligible entities under
subsection (a), the Secretary shall consider the extent to which a
project would--
(1) provide recreation opportunities in underserved
communities in which access to parks is not adequate to meet
local needs;
(2) provide opportunities for outdoor recreation and public
land volunteerism;
(3) support innovative or cost-effective ways to enhance
parks and other recreation--
(A) opportunities; or
(B) delivery of services;
(4) support park and recreation programming provided by
cities, including cooperative agreements with community-based
eligible nonprofit organizations; and
(5) develop Native American event sites and cultural
gathering spaces.
(d) Eligible Uses.--
(1) In general.--Subject to paragraph (2), a grant
recipient may use a grant awarded under subsection (a) for a
project described in paragraph (1) or (2) of that subsection.
(2) Limitations on use.--A grant recipient may not use
grant funds for--
(A) incidental costs related to land acquisition,
including appraisal and titling;
(B) operation and maintenance activities;
(C) facilities that support semiprofessional or
professional athletics;
(D) indoor facilities, such as recreation centers
or facilities that support primarily non-outdoor
purposes; or
(E) acquisition of land or interests in land that
restrict access to specific persons.
SEC. 4. NATIONAL PARK SERVICE REQUIREMENTS.
In carrying out the Outdoor Recreation Legacy Partnership Program,
the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including low-income
communities and eligible entities serving low-income
communities) on--
(A) the opportunity to apply for grants under this
Act;
(B) the application procedures by which eligible
entities may apply for grants under this Act; and
(C) eligible uses for grants under this Act.
SEC. 5. REPORTING.
(a) Annual Reports.--Not later than 30 days after the last day of
each report period, each State lead agency that receives a grant under
this Act shall annually submit to the Secretary performance and
financial reports that--
(1) summarize project activities conducted during the
report period; and
(2) provide the status of the project.
(b) Final Reports.--Not later than 90 days after the earlier of the
date of expiration of a project period or the completion of a project,
each State lead agency that receives a grant under this Act shall
submit to the Secretary a final report containing such information as
the Secretary may require.
SEC. 6. REVENUE SHARING.
(a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is
amended by inserting before the period at the end ``, of which 25
percent shall be used by the Secretary of the Interior to provide
grants under the Outdoors for All Act''.
(b) Supplement Not Supplant.--Amounts made available to the Outdoor
Recreation Legacy Partnership Program as a result of the amendment made
by subsection (a) shall supplement and not supplant any other Federal
funds made available to carry out the Outdoor Recreation Legacy
Partnership Program.
<all> | Outdoors for All Act | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. | Outdoors for All Act | Rep. Barragan, Nanette Diaz | D | CA | This bill directs the Department of the Interior to establish an outdoor recreation legacy partnership grant program under which Interior may award grants to states, certain political subdivisions of a state, special purpose districts, Indian tribes, or Alaska Native or Native Hawaiian communities or organizations. Funds must be used for projects to (1) acquire land and water for parks and other outdoor recreation purposes in qualifying areas, and (2) develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. A qualifying area is an area Interior shall give priority to projects that | SHORT TITLE. This Act may be cited as the ``Outdoors for All Act''. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity that represents or otherwise serves a qualifying area. (3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. 5304). (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory of the United States. GRANTS AUTHORIZED. (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. (b) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Limitations on use.--A grant recipient may not use grant funds for-- (A) incidental costs related to land acquisition, including appraisal and titling; (B) operation and maintenance activities; (C) facilities that support semiprofessional or professional athletics; (D) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (E) acquisition of land or interests in land that restrict access to specific persons. 4. NATIONAL PARK SERVICE REQUIREMENTS. 5. REPORTING. (a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. SEC. REVENUE SHARING. | This Act may be cited as the ``Outdoors for All Act''. 2. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity that represents or otherwise serves a qualifying area. (3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. (6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory of the United States. GRANTS AUTHORIZED. (b) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Limitations on use.--A grant recipient may not use grant funds for-- (A) incidental costs related to land acquisition, including appraisal and titling; (B) operation and maintenance activities; (C) facilities that support semiprofessional or professional athletics; (D) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (E) acquisition of land or interests in land that restrict access to specific persons. 4. NATIONAL PARK SERVICE REQUIREMENTS. 5. (a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. SEC. REVENUE SHARING. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoors for All Act''. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. (3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. 5304). (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory of the United States. GRANTS AUTHORIZED. (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. (b) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (3) Administrative expenses.--Not more than 10 percent of funds provided to an eligible entity under a grant awarded under subsection (a) may be used for administrative expenses. (2) Limitations on use.--A grant recipient may not use grant funds for-- (A) incidental costs related to land acquisition, including appraisal and titling; (B) operation and maintenance activities; (C) facilities that support semiprofessional or professional athletics; (D) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (E) acquisition of land or interests in land that restrict access to specific persons. 4. NATIONAL PARK SERVICE REQUIREMENTS. In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall-- (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on-- (A) the opportunity to apply for grants under this Act; (B) the application procedures by which eligible entities may apply for grants under this Act; and (C) eligible uses for grants under this Act. 5. REPORTING. (a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. SEC. REVENUE SHARING. (a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All 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 ``Outdoors for All Act''. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. (3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory of the United States. GRANTS AUTHORIZED. (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. (b) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (3) Administrative expenses.--Not more than 10 percent of funds provided to an eligible entity under a grant awarded under subsection (a) may be used for administrative expenses. (c) Considerations.--In awarding grants to eligible entities under subsection (a), the Secretary shall consider the extent to which a project would-- (1) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (2) provide opportunities for outdoor recreation and public land volunteerism; (3) support innovative or cost-effective ways to enhance parks and other recreation-- (A) opportunities; or (B) delivery of services; (4) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; and (5) develop Native American event sites and cultural gathering spaces. (2) Limitations on use.--A grant recipient may not use grant funds for-- (A) incidental costs related to land acquisition, including appraisal and titling; (B) operation and maintenance activities; (C) facilities that support semiprofessional or professional athletics; (D) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (E) acquisition of land or interests in land that restrict access to specific persons. 4. NATIONAL PARK SERVICE REQUIREMENTS. In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall-- (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on-- (A) the opportunity to apply for grants under this Act; (B) the application procedures by which eligible entities may apply for grants under this Act; and (C) eligible uses for grants under this Act. 5. REPORTING. (a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. SEC. REVENUE SHARING. (a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. (b) Supplement Not Supplant.--Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program. | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. ( 6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). ( (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. ( NATIONAL PARK SERVICE REQUIREMENTS. a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. ( b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( b) Supplement Not Supplant.--Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program. | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( 3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. ( a) Establishment of Program.-- (1) In general.--The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects-- (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. ( a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( 3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. ( a) Establishment of Program.-- (1) In general.--The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects-- (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. ( a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. ( 6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). ( (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. ( NATIONAL PARK SERVICE REQUIREMENTS. a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. ( b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( b) Supplement Not Supplant.--Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program. | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( 3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. ( a) Establishment of Program.-- (1) In general.--The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects-- (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. ( a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. ( 6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). ( (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. ( NATIONAL PARK SERVICE REQUIREMENTS. a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. ( b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( b) Supplement Not Supplant.--Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program. | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( 3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. ( a) Establishment of Program.-- (1) In general.--The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects-- (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. ( a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( ( ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. ( ( b) Supplement Not Supplant.--Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program. | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. ( a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. ( | To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. 2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. ( ( ( 2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. ( a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. ( ( b) Supplement Not Supplant.--Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program. | 1,169 |
504 | 11,464 | H.R.2972 | Health | Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or the HELLPP Act
This bill adds podiatrists as covered physicians under the Medicaid program.
Additionally, the bill revises certain documentation requirements related to Medicare coverage of therapeutic shoes for individuals with diabetes.
Finally, the bill subjects payments made to a Medicaid provider or supplier to a continuing levy for federal taxes owed by the provider or supplier. | To amend title XIX of the Social Security Act to cover physician
services delivered by podiatric physicians to ensure access by Medicaid
beneficiaries to appropriate quality foot and ankle care, to amend
title XVIII of such Act to modify the requirements for diabetic shoes
to be included under Medicare, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Ensure Life- and Limb-saving
access to Podiatric Physicians Act'' or the ``HELLPP Act''.
SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER
THE MEDICAID PROGRAM.
(a) In General.--Section 1905(a)(5)(A) of the Social Security Act
(42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section
1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section
1861(r)''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply to services
furnished on or after January 1, 2022.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirement
imposed by the amendment made by subsection (a), the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature.
SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC
SHOES FOR PERSONS WITH DIABETES.
(a) In General.--Section 1861(s)(12) of the Social Security Act (42
U.S.C. 1395x(s)(12)) is amended to read as follows:
``(12) subject to section 4072(e) of the Omnibus Budget
Reconciliation Act of 1987, extra-depth shoes with inserts or
custom molded shoes with inserts (in this paragraph referred to
as `therapeutic shoes') for an individual with diabetes, if--
``(A) the physician who is managing the
individual's diabetic condition--
``(i) documents that the individual has
diabetes;
``(ii) certifies that the individual is
under a comprehensive plan of care related to
the individual's diabetic condition; and
``(iii) documents agreement with the
prescribing podiatrist or other qualified
physician (as established by the Secretary)
that it is medically necessary for the
individual to have therapeutic shoes;
``(B) the therapeutic shoes are prescribed by a
podiatrist or other qualified physician (as established
by the Secretary) who--
``(i) examines the individual and
determines the medical necessity for the
individual to receive the therapeutic shoes;
and
``(ii) communicates in writing the medical
necessity to a certifying doctor of medicine or
osteopathy for the individual to have
therapeutic shoes along with findings that the
individual has peripheral neuropathy with
evidence of callus formation, a history of pre-
ulcerative calluses, a history of previous
ulceration, foot deformity, previous
amputation, or poor circulation; and
``(C) the therapeutic shoes are fitted and
furnished by a podiatrist or other qualified supplier
individual (as established by the Secretary), such as a
pedorthist or orthotist, who is not the physician
described in subparagraph (A) (unless the Secretary
finds that the physician is the only such qualified
individual in the area);''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items and services furnished on or after January
1, 2022.
(c) Rule of Construction.--Nothing in this section shall be
construed as expanding Medicare coverage for therapeutic shoes for
individuals with diabetes.
SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY
THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS
AND SUPPLIERS.
(a) In General.--Section 6331(h)(2) of the Internal Revenue Code of
1986 (defining specified payment) is amended by striking ``and'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(D) any payment to any Medicaid provider or
supplier under a State plan under title XIX of the
Social Security Act.''.
(b) Effective Date.--The amendments made by this section shall
apply to levies issued after the date of the enactment of this Act.
<all> | HELLPP Act | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. | HELLPP Act
Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act | Rep. DeGette, Diana | D | CO | This bill adds podiatrists as covered physicians under the Medicaid program. Additionally, the bill revises certain documentation requirements related to Medicare coverage of therapeutic shoes for individuals with diabetes. Finally, the bill subjects payments made to a Medicaid provider or supplier to a continuing levy for federal taxes owed by the provider or supplier. | SHORT TITLE. This Act may be cited as the ``Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act'' or the ``HELLPP Act''. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. 1396 et seq.) For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC SHOES FOR PERSONS WITH DIABETES. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as `therapeutic shoes') for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. SEC. 4. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. | SHORT TITLE. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC SHOES FOR PERSONS WITH DIABETES. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as `therapeutic shoes') for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. SEC. | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act'' or the ``HELLPP Act''. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. 1396d(a)(5)(A)) is amended by striking ``section 1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 1861(r)''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC SHOES FOR PERSONS WITH DIABETES. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as `therapeutic shoes') for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. (c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS AND SUPPLIERS. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act'' or the ``HELLPP Act''. SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905(a)(5)(A) of the Social Security Act (42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section 1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 1861(r)''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC SHOES FOR PERSONS WITH DIABETES. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as `therapeutic shoes') for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. (c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS AND SUPPLIERS. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. (b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. <all> | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. ( b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. ( b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. ( b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. ( b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. ( b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. | To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. ( which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. ( a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. ( | 784 |
505 | 2,174 | S.3049 | Crime and Law Enforcement | Fresh Start Act of 2021
This bill authorizes the Department of Justice to award grants for states to implement automatic expungement laws (i.e., laws that provide for the automatic expungement or sealing of an individual's criminal records). | To establish a grant program for States for purposes of modernizing
criminal justice data infrastructure to facilitate automatic record
expungement and sealing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fresh Start Act of 2021''.
SEC. 2. ESTABLISHMENT.
(a) In General.--The Attorney General may make not more than 1
grant under this Act to each eligible State. Each such grant shall be
in an amount of not more than $5,000,000.
(b) Eligibility.--A State shall be eligible for a grant under this
Act if--
(1) the State has in effect a covered expungement law;
(2) the covered expungement law of the State provides that
expungement or sealing of a criminal record shall not be
delayed by reason of a failure to pay a fee or fine; and
(3) the State submits an application to the Attorney
General, containing such information as the Attorney General
may require, including, at a minimum--
(A) information identifying whether there is a
system that, as of the date of the application, exists
for record expungement or sealing in the State;
(B) a description of how infrastructure created
through grant funding will facilitate automatic record
expungement or sealing for individuals eligible for
record expungement or sealing; and
(C) an identification of the anticipated number of
individuals that would benefit from the implementation
of automatic record expungement or sealing
infrastructure.
SEC. 3. USE OF GRANT AMOUNTS.
A grant under section 2 shall be used to implement a covered
expungement law in accordance with the following:
(1) Not more than 10 percent of such grant shall be used
for research or planning for criminal record data
infrastructure improvements that will make criminal record
expungement or sealing automatic.
(2) Any remaining amounts shall be used to implement such
improvements.
(3) The portion of the costs of implementing such a law
provided by a grant under this section may not exceed 75
percent.
SEC. 4. REPORTING REQUIREMENTS.
(a) In General.--A State receiving a grant under section 2 shall
report to the Attorney General, each year of the grant term, pursuant
to guidelines established by the Attorney General, information
regarding the following:
(1) The number of individuals eligible for automatic
expungement or sealing under the covered expungement law of
that State, disaggregated by race, ethnicity, and gender.
(2) The number of individuals whose records have been
expunged or sealed annually since the enactment of such law,
disaggregated by race, ethnicity, and gender.
(3) The number of individuals whose application for
expungement or sealing under such law are still pending,
disaggregated by race, ethnicity, and gender.
(b) Inaccessibility of Data for Reporting.--In the event that
elements of the data on expungement and sealing required to be reported
under subsection (a) are not able to be compiled and reported, the
State shall develop and report a comprehensive plan to obtain as much
of the unavailable data as possible not later than the date that is 1
year after the first year of the grant being awarded.
(c) Publication.--Not later than 1 year after the date of enactment
of this Act, and each year thereafter, the Attorney General shall
publish, and make available to the public, a report containing the data
reported to the Attorney General under this section.
SEC. 5. DEFINITIONS.
In this Act:
(1) Terms used have the meanings given such terms in
section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251).
(2) The term ``automatic'' means, with regard to the
expungement or sealing of a criminal record, that such
expungement or sealing occurs without any action required on
the part of the State from an eligible individual.
(3) The term ``covered expungement law'' means a law of a
State providing for the automatic expungement or sealing,
subject to such requirements as the State may impose, of a
criminal record of an individual.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $50,000,000 for each of
fiscal years 2022 through 2026 to carry out this Act.
<all> | Fresh Start Act of 2021 | A bill to establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. | Fresh Start Act of 2021 | Sen. Van Hollen, Chris | D | MD | This bill authorizes the Department of Justice to award grants for states to implement automatic expungement laws (i.e., laws that provide for the automatic expungement or sealing of an individual's criminal records). | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. 4. REPORTING REQUIREMENTS. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. 4. REPORTING REQUIREMENTS. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. SEC. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (b) Eligibility.--A State shall be eligible for a grant under this Act if-- (1) the State has in effect a covered expungement law; (2) the covered expungement law of the State provides that expungement or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine; and (3) the State submits an application to the Attorney General, containing such information as the Attorney General may require, including, at a minimum-- (A) information identifying whether there is a system that, as of the date of the application, exists for record expungement or sealing in the State; (B) a description of how infrastructure created through grant funding will facilitate automatic record expungement or sealing for individuals eligible for record expungement or sealing; and (C) an identification of the anticipated number of individuals that would benefit from the implementation of automatic record expungement or sealing infrastructure. SEC. 3. USE OF GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. SEC. 4. REPORTING REQUIREMENTS. (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. (2) The number of individuals whose records have been expunged or sealed annually since the enactment of such law, disaggregated by race, ethnicity, and gender. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. SEC. 5. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. <all> | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. SEC. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (b) Eligibility.--A State shall be eligible for a grant under this Act if-- (1) the State has in effect a covered expungement law; (2) the covered expungement law of the State provides that expungement or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine; and (3) the State submits an application to the Attorney General, containing such information as the Attorney General may require, including, at a minimum-- (A) information identifying whether there is a system that, as of the date of the application, exists for record expungement or sealing in the State; (B) a description of how infrastructure created through grant funding will facilitate automatic record expungement or sealing for individuals eligible for record expungement or sealing; and (C) an identification of the anticipated number of individuals that would benefit from the implementation of automatic record expungement or sealing infrastructure. SEC. 3. USE OF GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. SEC. 4. REPORTING REQUIREMENTS. (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. (2) The number of individuals whose records have been expunged or sealed annually since the enactment of such law, disaggregated by race, ethnicity, and gender. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. SEC. 5. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. <all> | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and 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 GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and 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 GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and 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 GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and 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 GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( | To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and 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 GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. ( In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. ( | 703 |
509 | 8,925 | H.R.980 | Public Lands and Natural Resources | Southwestern Oregon Watershed and Salmon Protection Act of 2021
This bill withdraws specified federal land in Curry and Josephine Counties in Oregon from (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. | To withdraw certain land located in Curry County and Josephine County,
Oregon, from all forms of entry, appropriation, or disposal under the
public land laws, location, entry, and patent under the mining laws,
and operation under the mineral leasing and geothermal leasing laws,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwestern Oregon Watershed and
Salmon Protection Act of 2021''.
SEC. 2. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY,
OREGON.
(a) Definitions.--In this section:
(1) Eligible federal land.--The term ``eligible Federal
land'' means--
(A) any federally owned land or interest in land
depicted on the Maps as within the Hunter Creek and
Pistol River Headwaters Withdrawal Proposal or the
Rough and Ready and Baldface Creeks Mineral Withdrawal
Proposal; or
(B) any land or interest in land located within
such withdrawal proposals that is acquired by the
Federal Government after the date of enactment of this
Act.
(2) Maps.--The term ``Maps'' means--
(A) the Bureau of Land Management map entitled
``Hunter Creek and Pistol River Headwaters Withdrawal
Proposal'' and dated January 12, 2015; and
(B) the Bureau of Land Management map entitled
``Rough and Ready and Baldface Creeks Mineral
Withdrawal Proposal'' and dated January 12, 2015.
(b) Withdrawal.--Subject to valid existing rights, the eligible
Federal land is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Availability of Maps.--Not later than 30 days after the date of
enactment of this Act, the Maps shall be made available to the public
at each appropriate office of the Bureau of Land Management.
(d) Existing Uses Not Affected.--Except with respect to the
withdrawal under subsection (b), nothing in this section restricts
recreational uses, hunting, fishing, forest management activities, or
other authorized uses allowed on the date of enactment of this Act on
the eligible Federal land in accordance with applicable law.
<all> | Southwestern Oregon Watershed and Salmon Protection Act of 2021 | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. | Southwestern Oregon Watershed and Salmon Protection Act of 2021 | Rep. DeFazio, Peter A. | D | OR | This bill withdraws specified federal land in Curry and Josephine Counties in Oregon from (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwestern Oregon Watershed and Salmon Protection Act of 2021''. SEC. 2. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY, OREGON. (a) Definitions.--In this section: (1) Eligible federal land.--The term ``eligible Federal land'' means-- (A) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (B) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (d) Existing Uses Not Affected.--Except with respect to the withdrawal under subsection (b), nothing in this section restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. <all> | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwestern Oregon Watershed and Salmon Protection Act of 2021''. SEC. 2. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY, OREGON. (a) Definitions.--In this section: (1) Eligible federal land.--The term ``eligible Federal land'' means-- (A) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (B) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (d) Existing Uses Not Affected.--Except with respect to the withdrawal under subsection (b), nothing in this section restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. <all> | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwestern Oregon Watershed and Salmon Protection Act of 2021''. SEC. 2. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY, OREGON. (a) Definitions.--In this section: (1) Eligible federal land.--The term ``eligible Federal land'' means-- (A) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (B) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (d) Existing Uses Not Affected.--Except with respect to the withdrawal under subsection (b), nothing in this section restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. <all> | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwestern Oregon Watershed and Salmon Protection Act of 2021''. SEC. 2. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY, OREGON. (a) Definitions.--In this section: (1) Eligible federal land.--The term ``eligible Federal land'' means-- (A) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (B) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (d) Existing Uses Not Affected.--Except with respect to the withdrawal under subsection (b), nothing in this section restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. <all> | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. 2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. ( c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. 2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. ( c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. 2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. ( c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. 2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. ( c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. 2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. ( c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. ( | 359 |
511 | 11,995 | H.R.4130 | Commerce | American Music Fairness Act of 2022
This bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission and addresses other related issues. (Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to secure a license to publicly perform a copyright-protected sound recording.)
Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings.
Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings. | To amend title 17, United States Code, to provide fair treatment of
radio stations and artists for the use of sound recordings, and for
other 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 ``American Music
Fairness Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Equitable treatment for terrestrial broadcasts and internet
services.
Sec. 3. Timing of proceedings under sections 112(e) and 114(f).
Sec. 4. Special protection for small broadcasters.
Sec. 5. Distribution of certain royalties.
Sec. 6. No harmful effects on songwriters.
Sec. 7. Value of promotion taken into account.
SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET
SERVICES.
(a) Performance Right Applicable to Audio Transmissions
Generally.--Paragraph (6) of section 106 of title 17, United States
Code, is amended to read as follows:
``(6) in the case of sound recordings, to perform the
copyrighted work publicly by means of an audio transmission.''.
(b) Inclusion of Terrestrial Broadcasts in Existing Performance
Right and Statutory License.--Section 114(d)(1) of title 17, United
States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``a digital'' and inserting ``an'';
(2) by striking subparagraph (A);
(3) by redesignating subparagraphs (B) and (C) as (A) and
(B), respectively; and
(4) in subparagraph (A), as redesignated by paragraph (3),
by striking ``nonsubscription'' each place such term appears
and inserting ``licensed nonsubscription''.
(c) Technical and Conforming Amendments.--
(1) Definition.--Section 101 of title 17, United States
Code, is amended by inserting after the definition of
``architectural work'' the following:
``An ``audio transmission'' is a transmission of a sound recording,
whether in a digital, analog, or other format. This term does not
include the transmission of any audiovisual work.''.
(2) Conforming removal of digital.--Title 17, United States
Code, is amended--
(A) in section 112(e)(8), by striking ``a digital
audio transmission'' and inserting ``an audio
transmission'';
(B) in section 114--
(i) in subsection (d)--
(I) in paragraph (2)--
(aa) in the matter
preceding subparagraph (A), by
striking ``subscription
digital'' and inserting
``subscription''; and
(bb) in subparagraph
(C)(viii), by striking
``digital signal'' and
inserting ``signal''; and
(II) in paragraph (4)--
(aa) in subparagraph (A),
by striking ``a digital audio
transmission'' and inserting
``an audio transmission''; and
(bb) in subparagraph
(B)(i), by striking ``a digital
audio transmission'' and
inserting ``an audio
transmission'';
(ii) in subsection (g)(2)(A), by striking
``a digital'' and inserting ``an''; and
(iii) in subsection (j)--
(I) in paragraph (6)--
(aa) by striking
``digital''; and
(bb) by striking
``retransmissions of broadcast
transmissions'' and inserting
``broadcast transmissions and
retransmissions of broadcast
transmissions''; and
(II) in paragraph (8), by striking
``subscription digital'' and inserting
``subscription''; and
(C) in section 1401--
(i) in subsection (b), by striking ``a
digital audio'' and inserting ``an audio''; and
(ii) in subsection (d)--
(I) in paragraph (1), by striking
``a digital audio'' and inserting ``an
audio'';
(II) in paragraph (2)(A), by
striking ``a digital audio'' and
inserting ``an audio''; and
(III) in paragraph (4)(A), by
striking ``a digital audio'' and
inserting ``an audio''.
SEC. 3. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F).
Paragraph (3) of section 804(b) of title 17, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) A proceeding under this chapter shall be
commenced as soon as practicable after the date of the
enactment of this subparagraph to determine royalty
rates and terms for nonsubscription broadcast
transmissions, to be effective for the period beginning
on such date of enactment, and ending on December 31,
2028. Any payment due under section 114(f)(1)(D) shall
not be due until the due date of the first royalty
payments for nonsubscription broadcast transmissions
that are determined, after the date of the enactment of
this subparagraph, by the Copyright Royalty Judges.
Thereafter, such proceeding shall be repeated in each
subsequent fifth calendar year.''.
SEC. 4. SPECIAL PROTECTION FOR SMALL BROADCASTERS.
(a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United
States Code, is amended by inserting at the end the following new
subparagraph:
``(D)(i) Notwithstanding the provisions of
subparagraphs (A) through (C), the royalty rate shall
be as follows for nonsubscription broadcast
transmissions by each individual terrestrial broadcast
station licensed as such by the Federal Communications
Commission that satisfies the conditions in clause
(ii)--
``(I) $10 per calendar year, in the case of
nonsubscription broadcast transmissions by a
broadcast station that generated revenue in the
immediately preceding calendar year of less
than $100,000;
``(II) $100 per calendar year, in the case
of nonsubscription broadcast transmissions by a
broadcast station that is a public broadcasting
entity as defined in section 118(f) and
generated revenue in the immediately preceding
calendar year of $100,000 or more, but less
than $1,500,000; and
``(III) $500 per calendar year, in the case
of nonsubscription broadcast transmissions by a
broadcast station that is not a public
broadcasting entity as defined in section
118(f) and generated revenue in the immediately
preceding calendar year of $100,000 or more,
but less than $1,500,000.
``(ii) An individual terrestrial broadcast station
licensed as such by the Federal Communications
Commission is eligible for a royalty rate set forth in
clause (i) if--
``(I) the revenue from the operation of
that individual station was less than
$1,500,000 during the immediately preceding
calendar year;
``(II) the aggregate revenue of the owner
and operator of the broadcast station and any
person directly or indirectly controlling,
controlled by, or under common control with
such owner or operator, from any source, was
less than $10,000,000 during the immediately
preceding calendar year; and
``(III) the owner or operator of the
broadcast station provides to the nonprofit
collective designated by the Copyright Royalty
Judges to distribute receipts from the
licensing of transmissions in accordance with
subsection (f), by no later than January 31 of
the relevant calendar year, a written and
signed certification of the station's
eligibility under this clause and the
applicable subclause of clause (i), in
accordance with requirements the Copyright
Royalty Judges shall prescribe by regulation.
``(iii) For purposes of clauses (i) and (ii)--
``(I) revenue shall be calculated in
accordance with generally accepted accounting
principles;
``(II) revenue generated by a terrestrial
broadcast station shall include all revenue
from the operation of the station, from any
source; and
``(III) in the case of affiliated broadcast
stations, revenue shall be allocated reasonably
to individual stations associated with the
revenue.
``(iv) The royalty rates specified in clause (i)
shall not be admissible as evidence or otherwise taken
into account in determining royalty rates in a
proceeding under chapter 8, or in any other
administrative, judicial, or other Federal Government
proceeding involving the setting or adjustment of the
royalties payable for the public performance or
reproduction in ephemeral phonorecords or copies of
sound recordings, the determination of terms or
conditions related thereto, or the establishment of
notice or recordkeeping requirements.''.
(b) Technical Correction.--Section 118(f) of title 17, United
States Code, is amended by striking ``section 397 of title 47'' and
inserting ``section 397 of the Communications Act of 1934 (47 U.S.C.
397)''.
SEC. 5. DISTRIBUTION OF CERTAIN ROYALTIES.
Section 114(g) of title 17, United States Code, is amended--
(1) in paragraph (1), by inserting ``or in the case of a
transmission to which paragraph (5) applies'' after ``this
section'';
(2) by redesignating paragraphs (5), (6), and (7) as (6),
(7), and (8), respectively; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) Notwithstanding paragraph (1), to the extent that a
license granted by the copyright owner of a sound recording to
a transmitting entity eligible for a statutory license under
subsection (d)(2) extends to such entity's transmissions
otherwise licensable under a statutory license in accordance
with subsection (f), such entity shall pay to the collective
designated to distribute statutory licensing receipts from the
licensing of transmissions in accordance with subsection (f),
50 percent of the total royalties that such entity is required,
pursuant to the applicable license agreement, to pay for such
transmissions otherwise licensable under a statutory license in
accordance with subsection (f). That collective shall
distribute such payments in proportion to the distributions
provided in subparagraphs (B) through (D) of paragraph (2), and
such payments shall be the only payments to which featured and
nonfeatured artists are entitled by virtue of such
transmissions under the direct license with such entity.''.
SEC. 6. NO HARMFUL EFFECTS ON SONGWRITERS.
Nothing in this Act, or the amendments made by this Act, shall
adversely affect in any respect the public performance rights of or
royalties payable to songwriters or copyright owners of musical works.
SEC. 7. VALUE OF PROMOTION TAKEN INTO ACCOUNT.
Pursuant to section 114(f)(1)(B) of title 17, United States Code,
in determining rates and terms for terrestrial broadcast radio stations
under this Act, and the amendments made by this Act, the Copyright
Royalty Judges shall base their decision on economic, competitive, and
programming information presented by the parties, including whether use
of the station's service may substitute for or may promote the sales of
phonorecords or otherwise may interfere with or may enhance the sound
recording copyright owner's other streams of revenue from the copyright
owner's sound recordings.
Union Calendar No. 509
117th CONGRESS
2d Session
H. R. 4130
[Report No. 117-693]
_______________________________________________________________________ | American Music Fairness Act of 2022 | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. | American Music Fairness Act of 2022
American Music Fairness Act | Rep. Deutch, Theodore E. | D | FL | This bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission and addresses other related issues. (Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to secure a license to publicly perform a copyright-protected sound recording.) Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings. Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings. | (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Timing of proceedings under sections 112(e) and 114(f). Distribution of certain royalties. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Union Calendar No. | (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Timing of proceedings under sections 112(e) and 114(f). Distribution of certain royalties. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Union Calendar No. | (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Equitable treatment for terrestrial broadcasts and internet services. Timing of proceedings under sections 112(e) and 114(f). Special protection for small broadcasters. Distribution of certain royalties. No harmful effects on songwriters. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. Union Calendar No. 509 117th CONGRESS 2d Session H. R. 4130 [Report No. 117-693] _______________________________________________________________________ | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Short Title.--This Act may be cited as the ``American Music Fairness Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Equitable treatment for terrestrial broadcasts and internet services. Timing of proceedings under sections 112(e) and 114(f). Special protection for small broadcasters. Distribution of certain royalties. No harmful effects on songwriters. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. Section 114(g) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting ``or in the case of a transmission to which paragraph (5) applies'' after ``this section''; (2) by redesignating paragraphs (5), (6), and (7) as (6), (7), and (8), respectively; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity's transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. Union Calendar No. 509 117th CONGRESS 2d Session H. R. 4130 [Report No. 117-693] _______________________________________________________________________ | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. | To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. | 1,615 |
514 | 8,799 | H.R.1262 | Transportation and Public Works | Notice to Airmen Improvement Act of 2021
This bill directs the Federal Aviation Administration (FAA) to establish the FAA Task Force on NOTAM (notice to airmen required by international or domestic law) Improvement.
Specifically, the task force must (1) review existing methods for presenting NOTAMs and flight operations information to pilots; (2) review regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluate and determine best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; (4) provide recommendations to improve the presentation of NOTAM information; and (5) report to Congress on its reviews and evaluations.
The task force must terminate on the later of the date it submits its report or 18 months after its establishment. | To establish a task force on improvements for certain notices to
airmen, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notice to Airmen Improvement Act of
2021''.
SEC. 2. FAA TASK FORCE ON NOTAM IMPROVEMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a task force to be known as the FAA Task
Force on NOTAM Improvement (in this section referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall consist of members appointed
by the Administrator, including at least one member of each of the
following:
(1) Air carrier representatives.
(2) Labor union representatives of airline pilots.
(3) Labor union certified under section 7111 of title 5,
United States Code, to represent FAA air traffic control
specialists assigned to the U.S. NOTAM Office.
(4) Labor union certified under section 7111 of title 5,
United States Code, to represent FAA aeronautical information
specialists.
(5) General and business aviation representatives.
(6) Aviation safety experts with knowledge of NOTAMs.
(7) Human factors experts.
(c) Duties.--The duties of the Task Force shall include--
(1) reviewing existing methods for presenting NOTAMs and
flight operations information to pilots;
(2) reviewing regulations and policies relating to NOTAMs,
including their content and presentation to pilots;
(3) evaluating and determining best practices to organize,
prioritize, and present flight operations information in a
manner that optimizes pilot review and retention of relevant
information; and
(4) providing recommendations for--
(A) improving the presentation of NOTAM information
in a manner that prioritizes or highlights the most
important information, and optimizes pilot review and
retention of relevant information;
(B) ways to ensure that NOTAMs are complete,
accurate, and contain the proper information;
(C) any best practices that the FAA should consider
to improve the accuracy and understandability of NOTAMs
and the display of flight operations information; and
(D) ways to work with air carriers, other airspace
users, and aviation service providers to implement
solutions that are aligned with the recommendations
under this paragraph.
(d) Report.--Not later than 1 year after the date of the
establishment of the Task Force, the Task Force shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing--
(1) the results of the reviews and evaluations of the Task
Force under paragraphs (1) through (3) of subsection (c);
(2) the best practices identified and recommendations
provided by the Task Force under subsection (c)(4);
(3) any recommendations of the Task Force for additional
regulatory or policy actions to improve the presentation of
NOTAMs; and
(4) the degree to which implementing the recommendations of
the Task Force described under paragraph (2) will address
National Transportation Safety Board Safety Recommendation A-
18-024.
(e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Task Force.
(f) Sunset.--The Task Force shall terminate on the later of--
(1) the date on which the Task Force submits the report
required under subsection (d); or
(2) the date that is 18 months after the date on which the
Task Force is established under subsection (a).
(g) Authority.--The Administrator shall have the authority to carry
out the recommendations of the Task Force detailed in the report
required under subsection (d).
(h) Definitions.--In this section:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) NOTAM.--The term ``NOTAM'' means notices to airmen
required by international or domestic regulation or law, as
described in the order issued by
the FAA on December 11, 2018, titled ``Notices to Airmen
(NOTAM)''.
Passed the House of Representatives June 15, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | Notice to Airmen Improvement Act of 2021 | To establish a task force on improvements for certain notices to airmen, and for other purposes. | Notice to Airmen Improvement Act of 2021
Notice to Airmen Improvement Act of 2021
Notice to Airmen Improvement Act of 2021
Notice to Airmen Improvement Act of 2021 | Rep. Stauber, Pete | R | MN | This bill directs the Federal Aviation Administration (FAA) to establish the FAA Task Force on NOTAM (notice to airmen required by international or domestic law) Improvement. Specifically, the task force must (1) review existing methods for presenting NOTAMs and flight operations information to pilots; (2) review regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluate and determine best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; (4) provide recommendations to improve the presentation of NOTAM information; and (5) report to Congress on its reviews and evaluations. The task force must terminate on the later of the date it submits its report or 18 months after its establishment. | To establish a task force on improvements for certain notices to airmen, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Notice to Airmen Improvement Act of 2021''. SEC. 2. FAA TASK FORCE ON NOTAM IMPROVEMENT. (b) Composition.--The Task Force shall consist of members appointed by the Administrator, including at least one member of each of the following: (1) Air carrier representatives. (2) Labor union representatives of airline pilots. (4) Labor union certified under section 7111 of title 5, United States Code, to represent FAA aeronautical information specialists. (5) General and business aviation representatives. (6) Aviation safety experts with knowledge of NOTAMs. (7) Human factors experts. (c) Duties.--The duties of the Task Force shall include-- (1) reviewing existing methods for presenting NOTAMs and flight operations information to pilots; (2) reviewing regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluating and determining best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; and (4) providing recommendations for-- (A) improving the presentation of NOTAM information in a manner that prioritizes or highlights the most important information, and optimizes pilot review and retention of relevant information; (B) ways to ensure that NOTAMs are complete, accurate, and contain the proper information; (C) any best practices that the FAA should consider to improve the accuracy and understandability of NOTAMs and the display of flight operations information; and (D) ways to work with air carriers, other airspace users, and aviation service providers to implement solutions that are aligned with the recommendations under this paragraph. (e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (f) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the report required under subsection (d); or (2) the date that is 18 months after the date on which the Task Force is established under subsection (a). (g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). (h) Definitions.--In this section: (1) FAA.--The term ``FAA'' means the Federal Aviation Administration. (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Notice to Airmen Improvement Act of 2021''. SEC. 2. FAA TASK FORCE ON NOTAM IMPROVEMENT. (2) Labor union representatives of airline pilots. (4) Labor union certified under section 7111 of title 5, United States Code, to represent FAA aeronautical information specialists. (5) General and business aviation representatives. (6) Aviation safety experts with knowledge of NOTAMs. (7) Human factors experts. (c) Duties.--The duties of the Task Force shall include-- (1) reviewing existing methods for presenting NOTAMs and flight operations information to pilots; (2) reviewing regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluating and determining best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; and (4) providing recommendations for-- (A) improving the presentation of NOTAM information in a manner that prioritizes or highlights the most important information, and optimizes pilot review and retention of relevant information; (B) ways to ensure that NOTAMs are complete, accurate, and contain the proper information; (C) any best practices that the FAA should consider to improve the accuracy and understandability of NOTAMs and the display of flight operations information; and (D) ways to work with air carriers, other airspace users, and aviation service providers to implement solutions that are aligned with the recommendations under this paragraph. (e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (f) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the report required under subsection (d); or (2) the date that is 18 months after the date on which the Task Force is established under subsection (a). (g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). (h) Definitions.--In this section: (1) FAA.--The term ``FAA'' means the Federal Aviation Administration. Attest: CHERYL L. JOHNSON, Clerk. | To establish a task force on improvements for certain notices to airmen, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Notice to Airmen Improvement Act of 2021''. SEC. 2. FAA TASK FORCE ON NOTAM IMPROVEMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a task force to be known as the FAA Task Force on NOTAM Improvement (in this section referred to as the ``Task Force''). (b) Composition.--The Task Force shall consist of members appointed by the Administrator, including at least one member of each of the following: (1) Air carrier representatives. (2) Labor union representatives of airline pilots. (3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. (4) Labor union certified under section 7111 of title 5, United States Code, to represent FAA aeronautical information specialists. (5) General and business aviation representatives. (6) Aviation safety experts with knowledge of NOTAMs. (7) Human factors experts. (c) Duties.--The duties of the Task Force shall include-- (1) reviewing existing methods for presenting NOTAMs and flight operations information to pilots; (2) reviewing regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluating and determining best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; and (4) providing recommendations for-- (A) improving the presentation of NOTAM information in a manner that prioritizes or highlights the most important information, and optimizes pilot review and retention of relevant information; (B) ways to ensure that NOTAMs are complete, accurate, and contain the proper information; (C) any best practices that the FAA should consider to improve the accuracy and understandability of NOTAMs and the display of flight operations information; and (D) ways to work with air carriers, other airspace users, and aviation service providers to implement solutions that are aligned with the recommendations under this paragraph. (d) Report.--Not later than 1 year after the date of the establishment of the Task Force, the Task Force shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing-- (1) the results of the reviews and evaluations of the Task Force under paragraphs (1) through (3) of subsection (c); (2) the best practices identified and recommendations provided by the Task Force under subsection (c)(4); (3) any recommendations of the Task Force for additional regulatory or policy actions to improve the presentation of NOTAMs; and (4) the degree to which implementing the recommendations of the Task Force described under paragraph (2) will address National Transportation Safety Board Safety Recommendation A- 18-024. (e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (f) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the report required under subsection (d); or (2) the date that is 18 months after the date on which the Task Force is established under subsection (a). (g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). (h) Definitions.--In this section: (1) FAA.--The term ``FAA'' means the Federal Aviation Administration. (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To establish a task force on improvements for certain notices to airmen, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Notice to Airmen Improvement Act of 2021''. SEC. 2. FAA TASK FORCE ON NOTAM IMPROVEMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a task force to be known as the FAA Task Force on NOTAM Improvement (in this section referred to as the ``Task Force''). (b) Composition.--The Task Force shall consist of members appointed by the Administrator, including at least one member of each of the following: (1) Air carrier representatives. (2) Labor union representatives of airline pilots. (3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. (4) Labor union certified under section 7111 of title 5, United States Code, to represent FAA aeronautical information specialists. (5) General and business aviation representatives. (6) Aviation safety experts with knowledge of NOTAMs. (7) Human factors experts. (c) Duties.--The duties of the Task Force shall include-- (1) reviewing existing methods for presenting NOTAMs and flight operations information to pilots; (2) reviewing regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluating and determining best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; and (4) providing recommendations for-- (A) improving the presentation of NOTAM information in a manner that prioritizes or highlights the most important information, and optimizes pilot review and retention of relevant information; (B) ways to ensure that NOTAMs are complete, accurate, and contain the proper information; (C) any best practices that the FAA should consider to improve the accuracy and understandability of NOTAMs and the display of flight operations information; and (D) ways to work with air carriers, other airspace users, and aviation service providers to implement solutions that are aligned with the recommendations under this paragraph. (d) Report.--Not later than 1 year after the date of the establishment of the Task Force, the Task Force shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing-- (1) the results of the reviews and evaluations of the Task Force under paragraphs (1) through (3) of subsection (c); (2) the best practices identified and recommendations provided by the Task Force under subsection (c)(4); (3) any recommendations of the Task Force for additional regulatory or policy actions to improve the presentation of NOTAMs; and (4) the degree to which implementing the recommendations of the Task Force described under paragraph (2) will address National Transportation Safety Board Safety Recommendation A- 18-024. (e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (f) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the report required under subsection (d); or (2) the date that is 18 months after the date on which the Task Force is established under subsection (a). (g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). (h) Definitions.--In this section: (1) FAA.--The term ``FAA'' means the Federal Aviation Administration. (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 6) Aviation safety experts with knowledge of NOTAMs. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). ( (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 5) General and business aviation representatives. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) 2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 5) General and business aviation representatives. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) 2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 6) Aviation safety experts with knowledge of NOTAMs. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). ( (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 5) General and business aviation representatives. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) 2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 6) Aviation safety experts with knowledge of NOTAMs. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). ( (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 5) General and business aviation representatives. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) 2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 6) Aviation safety experts with knowledge of NOTAMs. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). ( (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 5) General and business aviation representatives. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) 2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. | To establish a task force on improvements for certain notices to airmen, and for other purposes. 3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. ( 6) Aviation safety experts with knowledge of NOTAMs. ( e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). ( (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. | 653 |
518 | 6,411 | H.R.2151 | Armed Forces and National Security | Hire Veteran Health Heroes Act of 2021
This bill requires the Department of Veterans Affairs (VA) to consult with the Department of Defense to identify members of the Armed Forces in health care occupations who are separating from the Armed Forces.
The VA must refer interested members to a recruiter for consideration of open positions in the member's specialty and geography of interest. | To identify and refer members of the Armed Forces with a health care
occupation who are separating from the Armed Forces for potential
employment with the Department of Veterans Affairs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hire Veteran Health Heroes Act of
2021''.
SEC. 2. IDENTIFICATION AND REFERRAL OF MEMBERS OF THE ARMED FORCES WITH
A HEALTH CARE OCCUPATION FOR POTENTIAL EMPLOYMENT WITH
THE DEPARTMENT OF VETERANS AFFAIRS DURING SEPARATION FROM
THE ARMED FORCES.
(a) Identification.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, shall identify members of
the Armed Forces in a health care occupation during the separation of
such members from the Armed Forces.
(b) Referral of Interested Individuals.--
(1) In general.--If a member of the Armed Forces identified
under subsection (a) expresses an interest in working in a
health care occupation within the Department of Veterans
Affairs, the Secretary of Veterans Affairs shall refer the
member to a recruiter of the Department for consideration of
open positions in the specialty and geography of interest of
the member.
(2) Timing.--Any referral of a member of the Armed Forces
conducted under paragraph (1) shall be made not earlier than
one year before the separation of the member from the Armed
Forces.
(c) Rule of Construction.--Any identification of a member of the
Armed Forces under subsection (a) or referral of such member under
subsection (b) shall not be construed as a guarantee of employment of
such member with the Department of Veterans Affairs.
(d) Reports.--Not later than each of one year and two years after
the date of the enactment of this Act, the Secretary of Veterans
Affairs, in consultation with the Secretary of Defense, shall submit to
the appropriate committees of Congress a report on the efficacy of the
identification and referral of separating members of the Armed Forces
under this section.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) The Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) The Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(2) Health care occupation.--The term ``health care
occupation'' means an occupation for which an individual may be
appointed for employment with the Department of Veterans
Affairs under section 7401 of title 38, United States Code.
<all> | Hire Veteran Health Heroes Act of 2021 | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. | Hire Veteran Health Heroes Act of 2021 | Rep. Latta, Robert E. | R | OH | This bill requires the Department of Veterans Affairs (VA) to consult with the Department of Defense to identify members of the Armed Forces in health care occupations who are separating from the Armed Forces. The VA must refer interested members to a recruiter for consideration of open positions in the member's specialty and geography of interest. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Veteran Health Heroes Act of 2021''. SEC. 2. IDENTIFICATION AND REFERRAL OF MEMBERS OF THE ARMED FORCES WITH A HEALTH CARE OCCUPATION FOR POTENTIAL EMPLOYMENT WITH THE DEPARTMENT OF VETERANS AFFAIRS DURING SEPARATION FROM THE ARMED FORCES. (a) Identification.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall identify members of the Armed Forces in a health care occupation during the separation of such members from the Armed Forces. (b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. (2) Timing.--Any referral of a member of the Armed Forces conducted under paragraph (1) shall be made not earlier than one year before the separation of the member from the Armed Forces. (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. (d) Reports.--Not later than each of one year and two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the efficacy of the identification and referral of separating members of the Armed Forces under this section. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. <all> | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Veteran Health Heroes Act of 2021''. SEC. 2. IDENTIFICATION AND REFERRAL OF MEMBERS OF THE ARMED FORCES WITH A HEALTH CARE OCCUPATION FOR POTENTIAL EMPLOYMENT WITH THE DEPARTMENT OF VETERANS AFFAIRS DURING SEPARATION FROM THE ARMED FORCES. (b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. (2) Timing.--Any referral of a member of the Armed Forces conducted under paragraph (1) shall be made not earlier than one year before the separation of the member from the Armed Forces. (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. (d) Reports.--Not later than each of one year and two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the efficacy of the identification and referral of separating members of the Armed Forces under this section. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Veteran Health Heroes Act of 2021''. SEC. 2. IDENTIFICATION AND REFERRAL OF MEMBERS OF THE ARMED FORCES WITH A HEALTH CARE OCCUPATION FOR POTENTIAL EMPLOYMENT WITH THE DEPARTMENT OF VETERANS AFFAIRS DURING SEPARATION FROM THE ARMED FORCES. (a) Identification.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall identify members of the Armed Forces in a health care occupation during the separation of such members from the Armed Forces. (b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. (2) Timing.--Any referral of a member of the Armed Forces conducted under paragraph (1) shall be made not earlier than one year before the separation of the member from the Armed Forces. (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. (d) Reports.--Not later than each of one year and two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the efficacy of the identification and referral of separating members of the Armed Forces under this section. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. <all> | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Veteran Health Heroes Act of 2021''. SEC. 2. IDENTIFICATION AND REFERRAL OF MEMBERS OF THE ARMED FORCES WITH A HEALTH CARE OCCUPATION FOR POTENTIAL EMPLOYMENT WITH THE DEPARTMENT OF VETERANS AFFAIRS DURING SEPARATION FROM THE ARMED FORCES. (a) Identification.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall identify members of the Armed Forces in a health care occupation during the separation of such members from the Armed Forces. (b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. (2) Timing.--Any referral of a member of the Armed Forces conducted under paragraph (1) shall be made not earlier than one year before the separation of the member from the Armed Forces. (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. (d) Reports.--Not later than each of one year and two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the efficacy of the identification and referral of separating members of the Armed Forces under this section. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. <all> | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. ( (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. ( 2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. | 426 |
519 | 11,141 | H.R.1149 | Science, Technology, Communications | Communities Overregulating Networks Need Economic Competition Today Act or the CONNECT Act
This bill prohibits a state or political subdivision thereof from providing or selling broadband internet access service. Such provision or sale may continue if there is no more than one other commercial provider of broadband internet access that provides competition in a particular area. | To prohibit a State or political subdivision thereof from providing or
offering for sale to the public retail or wholesale broadband internet
access service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities Overregulating Networks
Need Economic Competition Today Act'' or the ``CONNECT Act''.
SEC. 2. PROHIBITION ON GOVERNMENT OWNED BROADBAND NETWORKS.
(a) In General.--Except as provided in subsections (b)(1) and (c),
a State or political subdivision thereof may not provide or offer for
sale to the public, a telecommunications provider, or to a commercial
provider of broadband internet access service, retail or wholesale
broadband internet access service.
(b) Transitional Rule.--Any State or political subdivision thereof
providing or offering for sale, either to the public, a
telecommunications provider, or to a provider of broadband internet
access service, retail or wholesale broadband internet access service,
before the date of the enactment of this section--
(1) notwithstanding subsection (a), may continue to provide
or offer for sale such service if the Commission finds there is
no more than one other commercial provider of broadband
internet access that provides competition for that service in a
particular area;
(2) shall notify each subscriber of the State or political
subdivision if a commercial provider of retail broadband
internet access enters the market; and
(3) may not construct or extend facilities used to deliver
broadband internet access service beyond the geographic area in
which the State or political subdivision thereof lawfully
operates.
(c) Exception.--Notwithstanding subsection (a), this section does
not apply to the Tennessee Valley Authority.
(d) Rules of Construction.--
(1) In general.--This section may not be construed to
restrict a State or political subdivision thereof, from
allowing the nondiscriminatory use of its rights-of-way,
including access to utility poles, conduits, ducts, or similar
support structures used for the deployment of facilities
necessary to deliver broadband internet access service.
(2) Public safety.--This section may not be construed to
restrict a State or political subdivision thereof, from
providing broadband facilities or services for 9-1-1, enhanced
9-1-1 service, or Next Generation 9-1-1.
(e) Limitation of Commission Authority.--Notwithstanding any
provision of law, including section 706 of the Communications Act of
1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to
permit a State or political subdivision thereof to provide or offer for
sale to the public retail or wholesale broadband internet access
service.
(f) Definitions.--In this section:
(1) 9-1-1 request for emergency assistance.--The term ``9-
1-1 request for emergency assistance'' means a communication,
such as voice, text, picture, multimedia, or any other type of
data that is sent to an emergency communications center for the
purpose of requesting emergency assistance.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
that term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(3) Commonly accepted standards.--The term ``commonly
accepted standards'' means--
(A) the technical standards followed by the
communications industry for network, device, and
Internet Protocol connectivity, including standards
developed by the Third Generation Partnership Project,
the Institute of Electrical and Electronics Engineers,
the Alliance for Telecommunications Industry Solutions,
the Internet Engineering Taskforce, and the
International Telecommunications Union; and
(B) standards that are accredited by a recognized
authority such as the American National Standards
Institute.
(4) Emergency communications center.--The term ``emergency
communications center'' means a facility that is designated to
receive a 9-1-1 request for emergency assistance and perform
one or more of the following functions:
(A) Process and analyze 9-1-1 requests for
emergency assistance and other gathered information.
(B) Dispatch appropriate emergency response
providers.
(C) Transfer or exchange 9-1-1 requests for
emergency assistance and other gathered information
with other emergency communications centers and
emergency response providers.
(D) Analyze any communications received from
emergency response providers.
(E) Support incident command functions.
(5) Emergency response provider.--The term ``emergency
response provider''--
(A) has the meaning given that term under section 2
of the Homeland Security Act (47 U.S.C. 101); and
(B) includes Federal, State, and local governmental
and nongovernmental emergency public safety, fire, law
enforcement, emergency response, emergency medical
(including hospital emergency facilities), and related
personnel, agencies, and authorities.
(6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1
service'' has the meaning given that term in section 7(10) of
the Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615b(10)).
(7) Interoperable.--The term ``interoperable'' means the
capability of emergency communications centers to receive 9-1-1
requests for emergency assistance and related data such as
location information and callback numbers from the public, then
process and share the 9-1-1 requests for emergency assistance
and related data with other emergency communications centers
and emergency response providers, regardless of jurisdiction,
equipment, device, software, service provider, or other
relevant factors, and without the need for proprietary
interfaces.
(8) Next generation 9-1-1.--The term ``Next Generation 9-1-
1'' means an interoperable, secure, Internet Protocol-based
system that--
(A) employs commonly accepted standards;
(B) enables the appropriate emergency
communications centers to receive, process, and analyze
all types of 9-1-1 requests for emergency assistance;
(C) acquires and integrates additional information
useful to handling 9-1-1 requests for emergency
assistance; and
(D) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
(9) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.
(10) Telecommunications provider.--The term
``telecommunications provider'' means an eligible
telecommunications carrier as designated under section
214(e)(2) of the Communications Act of 1934 (47 U.S.C.
214(e)(2)).
<all> | Communities Overregulating Networks Need Economic Competition Today Act | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. | CONNECT Act
Communities Overregulating Networks Need Economic Competition Today Act | Rep. Long, Billy | R | MO | This bill prohibits a state or political subdivision thereof from providing or selling broadband internet access service. Such provision or sale may continue if there is no more than one other commercial provider of broadband internet access that provides competition in a particular area. | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Overregulating Networks Need Economic Competition Today Act'' or the ``CONNECT Act''. SEC. 2. PROHIBITION ON GOVERNMENT OWNED BROADBAND NETWORKS. (c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. (d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. (3) Commonly accepted standards.--The term ``commonly accepted standards'' means-- (A) the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity, including standards developed by the Third Generation Partnership Project, the Institute of Electrical and Electronics Engineers, the Alliance for Telecommunications Industry Solutions, the Internet Engineering Taskforce, and the International Telecommunications Union; and (B) standards that are accredited by a recognized authority such as the American National Standards Institute. (C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. (D) Analyze any communications received from emergency response providers. (E) Support incident command functions. 101); and (B) includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. (9) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. (10) Telecommunications provider.--The term ``telecommunications provider'' means an eligible telecommunications carrier as designated under section 214(e)(2) of the Communications Act of 1934 (47 U.S.C. | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. SHORT TITLE. This Act may be cited as the ``Communities Overregulating Networks Need Economic Competition Today Act'' or the ``CONNECT Act''. SEC. 2. (c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. (d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. (3) Commonly accepted standards.--The term ``commonly accepted standards'' means-- (A) the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity, including standards developed by the Third Generation Partnership Project, the Institute of Electrical and Electronics Engineers, the Alliance for Telecommunications Industry Solutions, the Internet Engineering Taskforce, and the International Telecommunications Union; and (B) standards that are accredited by a recognized authority such as the American National Standards Institute. (C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. (E) Support incident command functions. 101); and (B) includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (9) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. (10) Telecommunications provider.--The term ``telecommunications provider'' means an eligible telecommunications carrier as designated under section 214(e)(2) of the Communications Act of 1934 (47 U.S.C. | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Overregulating Networks Need Economic Competition Today Act'' or the ``CONNECT Act''. SEC. 2. PROHIBITION ON GOVERNMENT OWNED BROADBAND NETWORKS. (b) Transitional Rule.--Any State or political subdivision thereof providing or offering for sale, either to the public, a telecommunications provider, or to a provider of broadband internet access service, retail or wholesale broadband internet access service, before the date of the enactment of this section-- (1) notwithstanding subsection (a), may continue to provide or offer for sale such service if the Commission finds there is no more than one other commercial provider of broadband internet access that provides competition for that service in a particular area; (2) shall notify each subscriber of the State or political subdivision if a commercial provider of retail broadband internet access enters the market; and (3) may not construct or extend facilities used to deliver broadband internet access service beyond the geographic area in which the State or political subdivision thereof lawfully operates. (c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. (d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. (f) Definitions.--In this section: (1) 9-1-1 request for emergency assistance.--The term ``9- 1-1 request for emergency assistance'' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. (2) Broadband internet access service.--The term ``broadband internet access service'' has the meaning given that term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (3) Commonly accepted standards.--The term ``commonly accepted standards'' means-- (A) the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity, including standards developed by the Third Generation Partnership Project, the Institute of Electrical and Electronics Engineers, the Alliance for Telecommunications Industry Solutions, the Internet Engineering Taskforce, and the International Telecommunications Union; and (B) standards that are accredited by a recognized authority such as the American National Standards Institute. (B) Dispatch appropriate emergency response providers. (C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. (D) Analyze any communications received from emergency response providers. (E) Support incident command functions. 101); and (B) includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). (7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. (9) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. (10) Telecommunications provider.--The term ``telecommunications provider'' means an eligible telecommunications carrier as designated under section 214(e)(2) of the Communications Act of 1934 (47 U.S.C. | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Overregulating Networks Need Economic Competition Today Act'' or the ``CONNECT Act''. SEC. 2. PROHIBITION ON GOVERNMENT OWNED BROADBAND NETWORKS. (a) In General.--Except as provided in subsections (b)(1) and (c), a State or political subdivision thereof may not provide or offer for sale to the public, a telecommunications provider, or to a commercial provider of broadband internet access service, retail or wholesale broadband internet access service. (b) Transitional Rule.--Any State or political subdivision thereof providing or offering for sale, either to the public, a telecommunications provider, or to a provider of broadband internet access service, retail or wholesale broadband internet access service, before the date of the enactment of this section-- (1) notwithstanding subsection (a), may continue to provide or offer for sale such service if the Commission finds there is no more than one other commercial provider of broadband internet access that provides competition for that service in a particular area; (2) shall notify each subscriber of the State or political subdivision if a commercial provider of retail broadband internet access enters the market; and (3) may not construct or extend facilities used to deliver broadband internet access service beyond the geographic area in which the State or political subdivision thereof lawfully operates. (c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. (d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. (f) Definitions.--In this section: (1) 9-1-1 request for emergency assistance.--The term ``9- 1-1 request for emergency assistance'' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. (2) Broadband internet access service.--The term ``broadband internet access service'' has the meaning given that term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (3) Commonly accepted standards.--The term ``commonly accepted standards'' means-- (A) the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity, including standards developed by the Third Generation Partnership Project, the Institute of Electrical and Electronics Engineers, the Alliance for Telecommunications Industry Solutions, the Internet Engineering Taskforce, and the International Telecommunications Union; and (B) standards that are accredited by a recognized authority such as the American National Standards Institute. (4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. (B) Dispatch appropriate emergency response providers. (C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. (D) Analyze any communications received from emergency response providers. (E) Support incident command functions. (5) Emergency response provider.--The term ``emergency response provider''-- (A) has the meaning given that term under section 2 of the Homeland Security Act (47 U.S.C. 101); and (B) includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). (7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. (8) Next generation 9-1-1.--The term ``Next Generation 9-1- 1'' means an interoperable, secure, Internet Protocol-based system that-- (A) employs commonly accepted standards; (B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9-1-1 requests for emergency assistance; and (D) supports sharing information related to 9-1-1 requests for emergency assistance among emergency communications centers and emergency response providers. (9) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. (10) Telecommunications provider.--The term ``telecommunications provider'' means an eligible telecommunications carrier as designated under section 214(e)(2) of the Communications Act of 1934 (47 U.S.C. 214(e)(2)). | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. a) In General.--Except as provided in subsections (b)(1) and (c), a State or political subdivision thereof may not provide or offer for sale to the public, a telecommunications provider, or to a commercial provider of broadband internet access service, retail or wholesale broadband internet access service. c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. ( d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( f) Definitions.--In this section: (1) 9-1-1 request for emergency assistance.--The term ``9- 1-1 request for emergency assistance'' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. ( (4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. ( (7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( 8) Next generation 9-1-1.--The term ``Next Generation 9-1- 1'' means an interoperable, secure, Internet Protocol-based system that-- (A) employs commonly accepted standards; (B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9-1-1 requests for emergency assistance; and (D) supports sharing information related to 9-1-1 requests for emergency assistance among emergency communications centers and emergency response providers. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( 4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). ( 7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( 4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). ( 7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. a) In General.--Except as provided in subsections (b)(1) and (c), a State or political subdivision thereof may not provide or offer for sale to the public, a telecommunications provider, or to a commercial provider of broadband internet access service, retail or wholesale broadband internet access service. c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. ( d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( f) Definitions.--In this section: (1) 9-1-1 request for emergency assistance.--The term ``9- 1-1 request for emergency assistance'' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. ( (4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. ( (7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( 8) Next generation 9-1-1.--The term ``Next Generation 9-1- 1'' means an interoperable, secure, Internet Protocol-based system that-- (A) employs commonly accepted standards; (B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9-1-1 requests for emergency assistance; and (D) supports sharing information related to 9-1-1 requests for emergency assistance among emergency communications centers and emergency response providers. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( 4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). ( 7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. a) In General.--Except as provided in subsections (b)(1) and (c), a State or political subdivision thereof may not provide or offer for sale to the public, a telecommunications provider, or to a commercial provider of broadband internet access service, retail or wholesale broadband internet access service. c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. ( d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( f) Definitions.--In this section: (1) 9-1-1 request for emergency assistance.--The term ``9- 1-1 request for emergency assistance'' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. ( (4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. ( (7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( 8) Next generation 9-1-1.--The term ``Next Generation 9-1- 1'' means an interoperable, secure, Internet Protocol-based system that-- (A) employs commonly accepted standards; (B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9-1-1 requests for emergency assistance; and (D) supports sharing information related to 9-1-1 requests for emergency assistance among emergency communications centers and emergency response providers. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( 4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). ( 7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. a) In General.--Except as provided in subsections (b)(1) and (c), a State or political subdivision thereof may not provide or offer for sale to the public, a telecommunications provider, or to a commercial provider of broadband internet access service, retail or wholesale broadband internet access service. c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. ( d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( f) Definitions.--In this section: (1) 9-1-1 request for emergency assistance.--The term ``9- 1-1 request for emergency assistance'' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. ( (4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. ( (7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( 8) Next generation 9-1-1.--The term ``Next Generation 9-1- 1'' means an interoperable, secure, Internet Protocol-based system that-- (A) employs commonly accepted standards; (B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9-1-1 requests for emergency assistance; and (D) supports sharing information related to 9-1-1 requests for emergency assistance among emergency communications centers and emergency response providers. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. ( (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( 4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). ( 7) Interoperable.--The term ``interoperable'' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9-1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. ( | To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes. e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. ( f) Definitions.--In this section: (1) 9-1-1 request for emergency assistance.--The term ``9- 1-1 request for emergency assistance'' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. ( ( 4) Emergency communications center.--The term ``emergency communications center'' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: (A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ( ( 8) Next generation 9-1-1.--The term ``Next Generation 9-1- 1'' means an interoperable, secure, Internet Protocol-based system that-- (A) employs commonly accepted standards; (B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9-1-1 requests for emergency assistance; and (D) supports sharing information related to 9-1-1 requests for emergency assistance among emergency communications centers and emergency response providers. ( | 1,016 |
523 | 4,977 | S.3702 | Armed Forces and National Security | United States Colored Troops Congressional Gold Medal Act
This bill provides for the award of a Congressional Gold Medal to the African Americans who served with Union forces in recognition of their bravery and outstanding service during the Civil War. | To award a Congressional Gold Medal, collectively, to the African
Americans who served with Union forces during the Civil War, in
recognition of their bravery and outstanding service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Colored Troops
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since the colonial era, African Americans have served
the United States in times of war.
(2) During the Civil War, approximately 200,000 African-
American men served in the Union Army and 19,000 African-
American men served in the Union Navy.
(3) During the Civil War, African-American women were not
allowed to formally enlist as soldiers or sailors, though they
served as nurses, cooks, spies, and scouts for the Union Army
and the Union Navy.
(4) While African-American men served in the Navy since its
establishment, there was resistance to enlisting them to take
up arms for the Union Army at the start of the Civil War.
(5) As the Civil War dragged on, President Lincoln broke
from the previous policy of his administration and determined
that liberating enslaved persons ``was a military necessity
absolutely essential for the salvation of the Union''.
(6) The Act entitled ``An Act to suppress insurrection, to
punish treason and rebellion, to seize and confiscate the
property of rebels, and for other purposes'', approved July 17,
1862 (commonly known as the ``Second Confiscation Act'') (12
Stat. 589; chapter 195) and the Act of July 17, 1862 (commonly
known as the ``Military Act of 1862'') (12 Stat. 597; chapter
201) were the first official authorizations to employ African
Americans in the Union Army.
(7) It was not until January 1, 1863, the effective date of
the Emancipation Proclamation issued by President Lincoln, that
the Union Army was ordered to receive African-American men.
(8) On May 22, 1863, the United States War Department
issued General Order Number 143, which established the Bureau
of Colored Troops for the recruitment and organization of
regiments of the Union Army composed of African-American men,
called the United States Colored Troops (referred to in this
section as ``USCT'').
(9) Leaders such as Frederick Douglass encouraged African
Americans to enlist to advance the cause of citizenship. ``Once
let the black man get upon his person the brass letters,
`U.S.', let him get an eagle on his button, and a musket on his
shoulder and bullets in his pocket, there is no power on
[E]arth that can deny that he has earned the right to
citizenship.'', wrote Douglass.
(10) African-American sailors constituted a significant
segment of the Union Navy, making up 20 percent of the total
enlisted force of the Navy.
(11) Although there were rank restrictions on African
Americans in the Navy before the Civil War, this policy changed
after the establishment of the USCT, when the Union Navy
started to compete with the Union Army for enlistment of
African Americans.
(12) Yet, in practice, most African Americans could not
advance beyond lowest ranks of ``boy'' and ``landsman.''
(13) African-American soldiers and sailors served with
distinction, honor, and bravery amid racial discrimination and
adverse circumstances, including the risk of enslavement and
torture if captured.
(14) Eighteen members of the USCT and 8 African-American
sailors were awarded the Medal of Honor, the highest honor in
the United States for bravery in combat.
(15) For generations after the Civil War, the contributions
of African Americans in the Civil War were excluded from
historical memory.
(16) Public Law No. 102-412 (106 Stat. 2104) authorized the
establishment of a memorial on Federal land in the District of
Columbia to honor African Americans who served with Union
forces during the Civil War.
(17) This memorial, featuring a bronze statue of USCT
soldiers, an African-American sailor and family, is surrounded
by the Wall of Honor, which lists the names of the members of
the USCT.
(18) The African-American Civil War Museum is located in
the District of Columbia.
(19) Patriots and heroes who rose in service to a Nation
that would not fully recognize them, the African Americans who
served the Union during the Civil War deserve our recognition
for their contributions to the grant of emancipation and
citizenship for nearly 4,000,000 enslaved people and the
preservation of the Union.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design to the African Americans who
served with Union forces during the Civil War, collectively, in
recognition of their bravery and outstanding service during the Civil
War.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where the medal shall be available for
display as appropriate and available for research.
(2) Sense of the congress.--It is the sense of Congress
that the Smithsonian Institution should make the gold medal
received under paragraph (1) available for display elsewhere,
particularly at appropriate locations associated with the
United States Colored Troops.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 at a price sufficient to cover the
cost thereof, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund.
<all> | United States Colored Troops Congressional Gold Medal Act | A bill to award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. | United States Colored Troops Congressional Gold Medal Act | Sen. Booker, Cory A. | D | NJ | This bill provides for the award of a Congressional Gold Medal to the African Americans who served with Union forces in recognition of their bravery and outstanding service during the Civil War. | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. FINDINGS. (2) During the Civil War, approximately 200,000 African- American men served in the Union Army and 19,000 African- American men served in the Union Navy. (5) As the Civil War dragged on, President Lincoln broke from the previous policy of his administration and determined that liberating enslaved persons ``was a military necessity absolutely essential for the salvation of the Union''. 589; chapter 195) and the Act of July 17, 1862 (commonly known as the ``Military Act of 1862'') (12 Stat. (7) It was not until January 1, 1863, the effective date of the Emancipation Proclamation issued by President Lincoln, that the Union Army was ordered to receive African-American men. (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. ``Once let the black man get upon his person the brass letters, `U.S.', let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on [E]arth that can deny that he has earned the right to citizenship. '', wrote Douglass. (12) Yet, in practice, most African Americans could not advance beyond lowest ranks of ``boy'' and ``landsman.'' (13) African-American soldiers and sailors served with distinction, honor, and bravery amid racial discrimination and adverse circumstances, including the risk of enslavement and torture if captured. (16) Public Law No. 102-412 (106 Stat. 2104) authorized the establishment of a memorial on Federal land in the District of Columbia to honor African Americans who served with Union forces during the Civil War. (17) This memorial, featuring a bronze statue of USCT soldiers, an African-American sailor and family, is surrounded by the Wall of Honor, which lists the names of the members of the USCT. 3. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. 4. DUPLICATE MEDALS. 5. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. FINDINGS. (2) During the Civil War, approximately 200,000 African- American men served in the Union Army and 19,000 African- American men served in the Union Navy. 589; chapter 195) and the Act of July 17, 1862 (commonly known as the ``Military Act of 1862'') (12 Stat. (7) It was not until January 1, 1863, the effective date of the Emancipation Proclamation issued by President Lincoln, that the Union Army was ordered to receive African-American men. ``Once let the black man get upon his person the brass letters, `U.S.', let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on [E]arth that can deny that he has earned the right to citizenship. '', wrote Douglass. (16) Public Law No. (17) This memorial, featuring a bronze statue of USCT soldiers, an African-American sailor and family, is surrounded by the Wall of Honor, which lists the names of the members of the USCT. 3. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. 4. DUPLICATE MEDALS. 5. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. FINDINGS. Congress finds the following: (1) Since the colonial era, African Americans have served the United States in times of war. (2) During the Civil War, approximately 200,000 African- American men served in the Union Army and 19,000 African- American men served in the Union Navy. (5) As the Civil War dragged on, President Lincoln broke from the previous policy of his administration and determined that liberating enslaved persons ``was a military necessity absolutely essential for the salvation of the Union''. (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 589; chapter 195) and the Act of July 17, 1862 (commonly known as the ``Military Act of 1862'') (12 Stat. 597; chapter 201) were the first official authorizations to employ African Americans in the Union Army. (7) It was not until January 1, 1863, the effective date of the Emancipation Proclamation issued by President Lincoln, that the Union Army was ordered to receive African-American men. (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. ``Once let the black man get upon his person the brass letters, `U.S.', let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on [E]arth that can deny that he has earned the right to citizenship. '', wrote Douglass. (10) African-American sailors constituted a significant segment of the Union Navy, making up 20 percent of the total enlisted force of the Navy. (12) Yet, in practice, most African Americans could not advance beyond lowest ranks of ``boy'' and ``landsman.'' (13) African-American soldiers and sailors served with distinction, honor, and bravery amid racial discrimination and adverse circumstances, including the risk of enslavement and torture if captured. (15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. (16) Public Law No. 102-412 (106 Stat. 2104) authorized the establishment of a memorial on Federal land in the District of Columbia to honor African Americans who served with Union forces during the Civil War. (17) This memorial, featuring a bronze statue of USCT soldiers, an African-American sailor and family, is surrounded by the Wall of Honor, which lists the names of the members of the USCT. (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. 3. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Colored Troops. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. STATUS OF MEDALS. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. FINDINGS. Congress finds the following: (1) Since the colonial era, African Americans have served the United States in times of war. (2) During the Civil War, approximately 200,000 African- American men served in the Union Army and 19,000 African- American men served in the Union Navy. (3) During the Civil War, African-American women were not allowed to formally enlist as soldiers or sailors, though they served as nurses, cooks, spies, and scouts for the Union Army and the Union Navy. (5) As the Civil War dragged on, President Lincoln broke from the previous policy of his administration and determined that liberating enslaved persons ``was a military necessity absolutely essential for the salvation of the Union''. (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 589; chapter 195) and the Act of July 17, 1862 (commonly known as the ``Military Act of 1862'') (12 Stat. 597; chapter 201) were the first official authorizations to employ African Americans in the Union Army. (7) It was not until January 1, 1863, the effective date of the Emancipation Proclamation issued by President Lincoln, that the Union Army was ordered to receive African-American men. (8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. ``Once let the black man get upon his person the brass letters, `U.S.', let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on [E]arth that can deny that he has earned the right to citizenship. '', wrote Douglass. (10) African-American sailors constituted a significant segment of the Union Navy, making up 20 percent of the total enlisted force of the Navy. (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. (12) Yet, in practice, most African Americans could not advance beyond lowest ranks of ``boy'' and ``landsman.'' (13) African-American soldiers and sailors served with distinction, honor, and bravery amid racial discrimination and adverse circumstances, including the risk of enslavement and torture if captured. (14) Eighteen members of the USCT and 8 African-American sailors were awarded the Medal of Honor, the highest honor in the United States for bravery in combat. (15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. (16) Public Law No. 102-412 (106 Stat. 2104) authorized the establishment of a memorial on Federal land in the District of Columbia to honor African Americans who served with Union forces during the Civil War. (17) This memorial, featuring a bronze statue of USCT soldiers, an African-American sailor and family, is surrounded by the Wall of Honor, which lists the names of the members of the USCT. (18) The African-American Civil War Museum is located in the District of Columbia. (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. 3. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Colored Troops. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. 4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. ( (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). ( (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. ( 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil War. ( c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil War. ( c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. 4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. ( (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). ( (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. ( 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil War. ( c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. 4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. ( (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). ( (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. ( 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil War. ( c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. 4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. ( (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). ( (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. ( 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil War. ( c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( | To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. 4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. ( (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). ( (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. ( 15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. ( (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. ( The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | 1,105 |
526 | 12,136 | H.R.370 | Emergency Management | Quadrennial Homeland Security Review Technical Corrections Act of 2021
This bill makes numerous changes to the quadrennial homeland security reviews. The quadrennial homeland security review is the Department of Homeland Security's capstone strategy document, which offers recommendations on long-term strategy and priorities for homeland security.
Specifically, the changes are related to consultation, prioritization, resources required, deadlines, and documentation. | To amend the Homeland Security Act of 2002 to make technical
corrections to the requirement that the Secretary of Homeland Security
submit quadrennial homeland security reviews, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Homeland Security Review
Technical Corrections Act of 2021''.
SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate advisory
committees established pursuant to section 871,
including the Homeland Security Advisory Council and
the Homeland Security Science and Technology Advisory
Committee, or otherwise established, including the
Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolon at the end
and inserting the following: ``, including any
resources identified from redundant, wasteful,
or unnecessary capabilities or capacities that
may be redirected to better support other
existing capabilities or capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of
the year'' and inserting ``60 days after the date of
the submission of the President's budget for the fiscal
year after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``,
as required under subsection (b)(2)'' before
the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a
description''; and
(II) by striking ``budget plan''
and inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) Records regarding the consultation carried
out pursuant to subsection (a)(3), including the
following:
``(i) All written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process.
``(ii) Information on how feedback received
by the Secretary informed each such quadrennial
homeland security review.
``(B) Information regarding the risk assessment
required pursuant to subsection (c)(2)(B), including
the following:
``(i) The risk model utilized to generate
such risk assessment.
``(ii) Information, including data used in
the risk model, utilized to generate such risk
assessment.
``(iii) Sources of information, including
other risk assessments, utilized to generate
such risk assessment.
``(iv) Information on assumptions, weighing
factors, and subjective judgments utilized to
generate such risk assessment, together with
information on the rationale or basis
thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the quadrennial homeland security review
that is the subject of such report were integrated into the acquisition
strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall apply
with respect to a quadrennial homeland security review conducted after
December 31, 2021.
Calendar No. 581
117th CONGRESS
2d Session
H. R. 370
[Report No. 117-231]
_______________________________________________________________________ | Quadrennial Homeland Security Review Technical Corrections Act of 2021 | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. | Quadrennial Homeland Security Review Technical Corrections Act of 2021
Quadrennial Homeland Security Review Technical Corrections Act of 2021
Quadrennial Homeland Security Review Technical Corrections Act of 2021 | Rep. Watson Coleman, Bonnie | D | NJ | This bill makes numerous changes to the quadrennial homeland security reviews. The quadrennial homeland security review is the Department of Homeland Security's capstone strategy document, which offers recommendations on long-term strategy and priorities for homeland security. Specifically, the changes are related to consultation, prioritization, resources required, deadlines, and documentation. | TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. | TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Homeland Security Review Technical Corrections Act of 2021''. SEC. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and'' after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolon at the end and inserting the following: ``, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D)-- (I) by inserting ``to the extent practicable,'' before ``a description''; and (II) by striking ``budget plan'' and inserting ``resources required''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon at the end; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review: ``(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following: ``(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. ``(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof. (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. Calendar No. 581 117th CONGRESS 2d Session H. R. 370 [Report No. 117-231] _______________________________________________________________________ | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Homeland Security Review Technical Corrections Act of 2021''. SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and'' after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolon at the end and inserting the following: ``, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D)-- (I) by inserting ``to the extent practicable,'' before ``a description''; and (II) by striking ``budget plan'' and inserting ``resources required''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon at the end; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review: ``(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following: ``(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. ``(ii) Information, including data used in the risk model, utilized to generate such risk assessment. ``(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment. ``(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.''; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following new subsection: ``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.''. (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. Calendar No. 581 117th CONGRESS 2d Session H. R. 370 [Report No. 117-231] _______________________________________________________________________ | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. | 817 |
529 | 8,655 | H.R.2527 | Agriculture and Food | Food Recovery Transportation Act
This bill directs the Department of Agriculture to award grants to public food service providers, tribal organizations, or private nonprofit entities for activities related to food recovery. | To establish a grant program to provide certain eligible entities
engaged in food recovery with grants to support certain costs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Recovery Transportation Act''.
SEC. 2. FOOD WASTE RECOVERY TRANSPORTATION GRANTS.
(a) Authority To Provide Assistance.--
(1) In general.--From amounts made available to carry out
this section, the Secretary of Agriculture shall make grants to
assist an eligible entity with--
(A) purchasing, leasing, or otherwise acquiring
vehicles, including refrigerated vehicles, or other
equipment to carry out activities related to food
recovery;
(B) reimbursing travel costs related to food
recovery at the per mile rate established by the
Commissioner of the Internal Revenue Service; and
(C) the costs of preparing, storing, and
transporting donated food.
(2) Limitation.--An eligible entity may only receive one
grant under this section.
(b) Application.--To be eligible to receive a grant under
subsection (a), an eligible entity shall submit an application to the
Secretary of Agriculture, at such time, in such manner, and containing
such information as the Secretary of Agriculture may require.
(c) Eligible Entity.--To be eligible for a grant under subsection
(a), a public food program service provider, a tribal organization, or
a private nonprofit entity (including a gleaner) shall--
(1) have experience in the area of--
(A) food recovery and distribution, particularly
concerning small and medium-sized farms;
(B) job training and business development
activities for food-related activities in low-income
communities; or
(C) efforts to reduce food insecurity in the
community, including food recovery and distribution,
improving access to services, or coordinating services
and programs; and
(2) demonstrate competency to implement a project, provide
fiscal accountability, collect data, and prepare reports and
other necessary documentation.
(d) Gleaner Defined.--In this section, the term ``gleaner'' has the
meaning given the term in section 25(a)(2) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2034(a)(2)).
(e) Authorization of Appropriations.--There is authorized to carry
out this section $10,000,000 for fiscal year 2022.
<all> | Food Recovery Transportation Act | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. | Food Recovery Transportation Act | Rep. McKinley, David B. | R | WV | This bill directs the Department of Agriculture to award grants to public food service providers, tribal organizations, or private nonprofit entities for activities related to food recovery. | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Recovery Transportation Act''. SEC. 2. FOOD WASTE RECOVERY TRANSPORTATION GRANTS. (a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. (2) Limitation.--An eligible entity may only receive one grant under this section. (b) Application.--To be eligible to receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary of Agriculture, at such time, in such manner, and containing such information as the Secretary of Agriculture may require. (c) Eligible Entity.--To be eligible for a grant under subsection (a), a public food program service provider, a tribal organization, or a private nonprofit entity (including a gleaner) shall-- (1) have experience in the area of-- (A) food recovery and distribution, particularly concerning small and medium-sized farms; (B) job training and business development activities for food-related activities in low-income communities; or (C) efforts to reduce food insecurity in the community, including food recovery and distribution, improving access to services, or coordinating services and programs; and (2) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation. (d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). (e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. <all> | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Recovery Transportation Act''. SEC. 2. FOOD WASTE RECOVERY TRANSPORTATION GRANTS. (a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. (2) Limitation.--An eligible entity may only receive one grant under this section. (b) Application.--To be eligible to receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary of Agriculture, at such time, in such manner, and containing such information as the Secretary of Agriculture may require. (c) Eligible Entity.--To be eligible for a grant under subsection (a), a public food program service provider, a tribal organization, or a private nonprofit entity (including a gleaner) shall-- (1) have experience in the area of-- (A) food recovery and distribution, particularly concerning small and medium-sized farms; (B) job training and business development activities for food-related activities in low-income communities; or (C) efforts to reduce food insecurity in the community, including food recovery and distribution, improving access to services, or coordinating services and programs; and (2) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation. (d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). (e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. <all> | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Recovery Transportation Act''. SEC. 2. FOOD WASTE RECOVERY TRANSPORTATION GRANTS. (a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. (2) Limitation.--An eligible entity may only receive one grant under this section. (b) Application.--To be eligible to receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary of Agriculture, at such time, in such manner, and containing such information as the Secretary of Agriculture may require. (c) Eligible Entity.--To be eligible for a grant under subsection (a), a public food program service provider, a tribal organization, or a private nonprofit entity (including a gleaner) shall-- (1) have experience in the area of-- (A) food recovery and distribution, particularly concerning small and medium-sized farms; (B) job training and business development activities for food-related activities in low-income communities; or (C) efforts to reduce food insecurity in the community, including food recovery and distribution, improving access to services, or coordinating services and programs; and (2) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation. (d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). (e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. <all> | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Recovery Transportation Act''. SEC. 2. FOOD WASTE RECOVERY TRANSPORTATION GRANTS. (a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. (2) Limitation.--An eligible entity may only receive one grant under this section. (b) Application.--To be eligible to receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary of Agriculture, at such time, in such manner, and containing such information as the Secretary of Agriculture may require. (c) Eligible Entity.--To be eligible for a grant under subsection (a), a public food program service provider, a tribal organization, or a private nonprofit entity (including a gleaner) shall-- (1) have experience in the area of-- (A) food recovery and distribution, particularly concerning small and medium-sized farms; (B) job training and business development activities for food-related activities in low-income communities; or (C) efforts to reduce food insecurity in the community, including food recovery and distribution, improving access to services, or coordinating services and programs; and (2) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation. (d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). (e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. <all> | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). ( e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). ( e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). ( e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). ( e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( | To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. ( d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). ( e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. | 362 |
531 | 12,656 | H.R.9077 | Armed Forces and National Security | Canine Members of the Armed Forces Act
This bill requires the Department of Defense to classify military working dogs as canine members of the Armed Forces (not as equipment) and provides for certain requirements and authorities related to the retirement, transfer, transportation, and recognition of such canine members. | To amend title 10, United States Code, to provide for certain
requirements relating to the retirement, adoption, and recognition of
military working dogs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canine Members of the Armed Forces
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each of the Armed Forces and other Government agencies,
including the Secret Service, the Central Intelligence Agency,
and the Transportation Security Administration, use military
working dogs in service to the country.
(2) Since September 11, 2011, military working dogs have
served in Iraq and Afghanistan and have been trained in
explosive detection, narcotic detection, sentry, patrol,
tracking, and other specific duties.
(3) Military working dogs, through their training, have
prevented injuries and saved the lives of thousands of United
States citizens.
(4) Military working dogs perform critical and varied roles
that go far beyond their current designation as ``equipment''.
SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS.
(a) Retirement and Reclassification of Military Working Dogs.--
Section 2583 of title 10, United States Code, is amended--
(1) by redesignating subsections (f), (g), (h), and (i) as
subsections (h), (i), (j), and (k), respectively; and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Classification of Military Working Dogs.--The Secretary of
Defense shall classify military working dogs as canine members of the
Armed Forces. Such dogs shall not be classified as equipment.
``(g) Transfer of Retired Military Working Dogs.--If the Secretary
of the military department concerned determines that a military working
dog should be retired, and no suitable adoption is available at the
military facility where the dog is located, the Secretary may transfer
the dog--
``(1) to the 341st Training Squadron; or
``(2) to another location for adoption under this
section.''.
(b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such
title is amended--
(1) in paragraph (1)(B), by striking ``; or'' and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) facilitating the adoption of a military working dog
under section 2583 of this title.''.
SEC. 4. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS.
Section 1125 of title 10, United States Code, is amended--
(1) by inserting ``(a) General Authority.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Recognition of Service of Military Working Dogs.--The
Secretary of Defense shall create a decoration or other appropriate
recognition to recognize military working dogs under the jurisdiction
of the Secretary that are killed in action or perform an exceptionally
meritorious or courageous act in service to the United States.''.
<all> | Canine Members of the Armed Forces Act | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. | Canine Members of the Armed Forces Act | Rep. Slotkin, Elissa | D | MI | This bill requires the Department of Defense to classify military working dogs as canine members of the Armed Forces (not as equipment) and provides for certain requirements and authorities related to the retirement, transfer, transportation, and recognition of such canine members. | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment''. SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. (a) Retirement and Reclassification of Military Working Dogs.-- Section 2583 of title 10, United States Code, is amended-- (1) by redesignating subsections (f), (g), (h), and (i) as subsections (h), (i), (j), and (k), respectively; and (2) by inserting after subsection (e) the following new subsections: ``(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the Armed Forces. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''. <all> | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment''. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''. | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment''. SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. (a) Retirement and Reclassification of Military Working Dogs.-- Section 2583 of title 10, United States Code, is amended-- (1) by redesignating subsections (f), (g), (h), and (i) as subsections (h), (i), (j), and (k), respectively; and (2) by inserting after subsection (e) the following new subsections: ``(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the Armed Forces. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''. <all> | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment''. SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. (a) Retirement and Reclassification of Military Working Dogs.-- Section 2583 of title 10, United States Code, is amended-- (1) by redesignating subsections (f), (g), (h), and (i) as subsections (h), (i), (j), and (k), respectively; and (2) by inserting after subsection (e) the following new subsections: ``(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the Armed Forces. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''. <all> | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. ( Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. ( | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. ( ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. ( ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. ( Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. ( | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. ( ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. ( Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. ( | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. ( ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. ( Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. ( | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. ( ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. | To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. 2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. ( Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. ( | 476 |
533 | 332 | S.4142 | International Affairs | Preventing PLA Acquisition of United States Technology Act of 2022
This bill prohibits U.S. companies and universities that receive federal assistance and federal agencies from engaging in certain research or technical exchanges with Chinese entities.
Specifically, this prohibition applies to research or exchanges involving (1) certain Chinese entities, including universities that receive funding from China's military and Chinese state-owned enterprises; and (2) certain technologies identified by the Chinese Communist Party as priorities for its strategy to mobilize non-military resources and expertise for military application. | To counter the military-civil fusion strategy of the Chinese Communist
Party and prevent United States contributions to the development of
dual-use technology in China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing PLA Acquisition of United
States Technology Act of 2022''.
SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE
COMMUNIST PARTY.
(a) Definitions.--In this section:
(1) Chinese entity of concern.--The term ``Chinese entity
of concern'' means--
(A) any college or university in the People's
Republic of China that is determined by the Secretary
of Defense to be involved in the implementation of the
military-civil fusion strategy, including--
(i) any college or university known as the
``Seven Sons of National Defense'';
(ii) any college or university that
receives funding from--
(I) the People's Liberation Army;
or
(II) the Equipment Development
Department, or the Science and
Technology Commission, of the Central
Military Commission;
(iii) any college or university in the
People's Republic of China involved in military
training and education, including any such
college or university in partnership with the
People's Liberation Army;
(iv) any college or university in the
People's Republic of China that conducts
military research or hosts dedicated military
initiatives or laboratories, including such a
college or university designated under the
``double first-class university plan'';
(v) any college or university in the
People's Republic of China that is designated
by the State Administration for Science,
Technology, and Industry for the National
Defense to host ``joint construction''
programs;
(vi) any college or university in the
People's Republic of China that has launched a
platform for military-civil fusion or created
national defense laboratories; and
(vii) any college or university in the
People's Republic of China that conducts
research or hosts dedicated initiatives or
laboratories for any other related security
entity beyond the People's Liberation Army,
including the People's Armed Police, the
Ministry of Public Security, and the Ministry
of State Security;
(B) any enterprise for which the majority
shareholder or ultimate parent entity is the Government
of the People's Republic of China at any level of that
government;
(C) any privately owned company in the People's
Republic of China--
(i) that has received a military production
license, such as the Weapons and Equipment
Research and Production Certificate, the
Equipment Manufacturing Unit Qualification, the
Weapons and Equipment Quality Management System
Certificate, or the Weapons and Equipment
Research and Production Unit Classified
Qualification Permit;
(ii) that is otherwise known to have set up
mechanisms for engaging in activity in support
of military initiatives;
(iii) that has a history of subcontracting
for the People's Liberation Army or its
affiliates;
(iv) that is participating in, or receiving
benefits under, a military-civil fusion
demonstration base; or
(v) that has an owner, director, or a
senior management official who has served as a
delegate to the National People's Congress, a
member of the Chinese People's Political
Consultative Conference, or a member of the
Central Committee of the Chinese Communist
Party; and
(D) any entity that--
(i) is identified by the Secretary of
Defense under section 1260H(a) of the William
M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note) as a Chinese military company;
and
(ii) is included in the Non-SDN Chinese
Military-Industrial Complex Companies List
published by the Department of the Treasury.
(2) Covered entity.--The term ``covered entity'' means--
(A) any Federal agency that engages in research or
provides funding for research, including the National
Science Foundation and the National Institutes of
Health;
(B) any institution of higher education, or any
other private research institution, that receives any
Federal financial assistance; and
(C) any private company headquartered in the United
States that receives Federal financial assistance.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given the term in
section 200.1 of title 2, Code of Federal Regulations (or
successor regulations).
(4) Military-civil fusion strategy.--The term ``military-
civil fusion strategy'' means the strategy of the Chinese
Communist Party aiming to mobilize non-military resources and
expertise for military application, including the development
of technology, improvements in logistics, and other uses by the
People's Liberation Army.
(b) Prohibitions.--
(1) In general.--No covered entity may engage with a
Chinese entity of concern in any scientific research or
technical exchange that has a direct bearing on, or the
potential for dual use in, the development of technologies that
the Chinese Communist Party has identified as a priority of its
national strategy of military-civil fusion and that are listed
on the website under subsection (c)(1)(A).
(2) Private partnerships.--No covered entity described in
subsection (a)(2)(C) may form a partnership or joint venture
with another such covered entity for the purpose of engaging in
any scientific research or technical exchange described in
paragraph (1).
(c) Website.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall establish, and periodically update not less
than twice a year, a website that includes--
(A) a list of the specific areas of scientific
research or technical exchange for which the
prohibitions under subsection (b) apply, which shall
initially include some or all aspects of the fields of
quantum computing, photonics and lasers, robotics, big
data analytics, semiconductors, new and advanced
materials, biotechnology (including synthetic biology
and genetic engineering), 5G and all future generations
of telecommunications, advanced nuclear technology
(including nuclear power and energy storage), aerospace
technology, and artificial intelligence; and
(B) to the extent practicable, a list of all
Chinese entities of concern.
(2) List of specific areas.--In developing the list under
paragraph (1)(A), the Secretary of Defense shall monitor and
consider the fields identified by the State Administration for
Science, Technology, and Industry for the National Defense of
the People's Republic of China as defense-relevant and
consider, including the more than 280 fields of study
designated as of the date of enactment of this Act, and any
others designated thereafter, as disciplines with national
defense characteristics that have the potential to support
military-civil fusion.
(3) Resources.--In establishing the website under paragraph
(1), the Secretary of Defense may use as a model any existing
resources, such as the China Defense Universities Tracker
maintained by the Australian Strategic Policy Institute,
subject to any other laws applicable to such resources.
(d) Exception.--The prohibitions under subsection (b) shall not
apply to any collaborative study or research project in fields
involving information that would not contribute substantially to the
goals of the military-civil fusion strategy, as determined by
regulations issued by the Secretary of Defense.
(e) Annual Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and December 31 of each year thereafter,
each covered entity shall submit to the Secretary of Defense a
report that discloses--
(A) any research relationships the covered entity
has with a Chinese entity of concern or has had during
the previous year;
(B) any research relationships the covered entity
has considered with a Chinese entity of concern during
the previous year and declined; and
(C) any research relationships the covered entity
has terminated with a Chinese entity of concern during
the previous year because the relationship violates
subsection (b) or as a result of related concerns.
(2) Audit.--The Secretary of Defense may enter into a
contract with an independent entity to conduct an audit of any
report submitted under paragraph (1) to ensure compliance with
the requirements of such paragraph.
(f) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, a covered entity described in subparagraph (B) or (C) of
subsection (a)(2) that violates a prohibition under subsection
(b), or violates subsection (e), on or after the date of
enactment of this Act shall be precluded from receiving any
Federal financial assistance on or after the date of such
violation.
(2) Regulations.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall--
(A) promulgate regulations to enforce the
prohibitions under subsection (b), the auditing
requirements under subsection (e), and the requirement
under paragraph (1); and
(B) coordinate with the heads of other Federal
agencies to ensure the enforcement of such prohibitions
and requirements.
<all> | Preventing PLA Acquisition of United States Technology Act of 2022 | A bill to counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. | Preventing PLA Acquisition of United States Technology Act of 2022 | Sen. Rubio, Marco | R | FL | This bill prohibits U.S. companies and universities that receive federal assistance and federal agencies from engaging in certain research or technical exchanges with Chinese entities. Specifically, this prohibition applies to research or exchanges involving (1) certain Chinese entities, including universities that receive funding from China's military and Chinese state-owned enterprises; and (2) certain technologies identified by the Chinese Communist Party as priorities for its strategy to mobilize non-military resources and expertise for military application. | 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. | 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. | 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (a) Definitions.--In this section: (1) Chinese entity of concern.--The term ``Chinese entity of concern'' means-- (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including-- (i) any college or university known as the ``Seven Sons of National Defense''; (ii) any college or university that receives funding from-- (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the ``double first-class university plan''; (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host ``joint construction'' programs; (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People's Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People's Liberation Army, including the People's Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People's Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China-- (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People's Congress, a member of the Chinese People's Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that-- (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (a) Definitions.--In this section: (1) Chinese entity of concern.--The term ``Chinese entity of concern'' means-- (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including-- (i) any college or university known as the ``Seven Sons of National Defense''; (ii) any college or university that receives funding from-- (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the ``double first-class university plan''; (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host ``joint construction'' programs; (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People's Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People's Liberation Army, including the People's Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People's Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China-- (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People's Congress, a member of the Chinese People's Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that-- (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). (c) Website.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall establish, and periodically update not less than twice a year, a website that includes-- (A) a list of the specific areas of scientific research or technical exchange for which the prohibitions under subsection (b) apply, which shall initially include some or all aspects of the fields of quantum computing, photonics and lasers, robotics, big data analytics, semiconductors, new and advanced materials, biotechnology (including synthetic biology and genetic engineering), 5G and all future generations of telecommunications, advanced nuclear technology (including nuclear power and energy storage), aerospace technology, and artificial intelligence; and (B) to the extent practicable, a list of all Chinese entities of concern. (3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. (2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. ( | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. ( | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. ( | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. ( | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. ( | To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. | 1,473 |
536 | 8,269 | H.R.4607 | Education | Protecting Life on College Campus Act of 2021
This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees. | To prohibit the award of Federal funds to an institution of higher
education that hosts or is affiliated with a student-based service site
that provides abortion drugs or abortions to students of the
institution or to employees of the institution or site, and for other
purposes.
Be it enacted by the Senate 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 Life on College Campus
Act of 2021''.
SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN INSTITUTIONS OF HIGHER
EDUCATION.
(a) Prohibition.--No Federal funds may be awarded (directly or
indirectly, including through a contract or subcontract) to any
institution of higher education that hosts or is affiliated with any
school-based service site that provides abortion drugs or abortions to
students of the institution or to employees of the institution or site.
(b) Annual Reporting.--To remain eligible for awards of Federal
funds, an institution of higher education that hosts or is affiliated
with one or more school-based service sites shall submit an annual
report to the Secretary of Education and the Secretary of Health and
Human Services certifying that no such site provides abortion drugs or
abortions to students of the institution or to employees of the
institution or site.
(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; or
(ii) to remove a dead unborn child.
(2) The term ``institution of higher education'' has the
meaning given to such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(3) The term ``school-based service site'' means--
(A) a health clinic that--
(i) meets the definition of a school-based
health center under section 2110(c)(9)(A) of
the Social Security Act (42 U.S.C.
1397jj(c)(9)(A)) and is administered by a
sponsoring facility (as defined in section
2110(c)(9)(B) of the Social Security Act (42
U.S.C. 1397jj(c)(9)(B))); and
(ii) provides, at a minimum, comprehensive
primary health services during school hours by
health professionals in accordance with
established standards, community practice,
reporting laws, and other State laws, including
parental consent and notification laws that are
not inconsistent with Federal law; or
(B) a clinic providing health care services
(including primary health services, family planning
services, telehealth services, and pharmaceutical
services, without regard to whether the services are
provided by employees of the clinic or contracted
providers) to students that is located on the campus of
an institution of higher education that accepts Federal
funding.
<all> | Protecting Life on College Campus Act of 2021 | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. | Protecting Life on College Campus Act of 2021 | Rep. Roy, Chip | R | TX | This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees. | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. Be it enacted by the Senate 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 Life on College Campus Act of 2021''. SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (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; or (ii) to remove a dead unborn child. (2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). 1397jj(c)(9)(A)) and is administered by a sponsoring facility (as defined in section 2110(c)(9)(B) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(B))); and (ii) provides, at a minimum, comprehensive primary health services during school hours by health professionals in accordance with established standards, community practice, reporting laws, and other State laws, including parental consent and notification laws that are not inconsistent with Federal law; or (B) a clinic providing health care services (including primary health services, family planning services, telehealth services, and pharmaceutical services, without regard to whether the services are provided by employees of the clinic or contracted providers) to students that is located on the campus of an institution of higher education that accepts Federal funding. | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. Be it enacted by the Senate 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 Life on College Campus Act of 2021''. SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (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; or (ii) to remove a dead unborn child. 1001). 1397jj(c)(9)(A)) and is administered by a sponsoring facility (as defined in section 2110(c)(9)(B) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(B))); and (ii) provides, at a minimum, comprehensive primary health services during school hours by health professionals in accordance with established standards, community practice, reporting laws, and other State laws, including parental consent and notification laws that are not inconsistent with Federal law; or (B) a clinic providing health care services (including primary health services, family planning services, telehealth services, and pharmaceutical services, without regard to whether the services are provided by employees of the clinic or contracted providers) to students that is located on the campus of an institution of higher education that accepts Federal funding. | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. Be it enacted by the Senate 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 Life on College Campus Act of 2021''. SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (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; or (ii) to remove a dead unborn child. (2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) The term ``school-based service site'' means-- (A) a health clinic that-- (i) meets the definition of a school-based health center under section 2110(c)(9)(A) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(A)) and is administered by a sponsoring facility (as defined in section 2110(c)(9)(B) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(B))); and (ii) provides, at a minimum, comprehensive primary health services during school hours by health professionals in accordance with established standards, community practice, reporting laws, and other State laws, including parental consent and notification laws that are not inconsistent with Federal law; or (B) a clinic providing health care services (including primary health services, family planning services, telehealth services, and pharmaceutical services, without regard to whether the services are provided by employees of the clinic or contracted providers) to students that is located on the campus of an institution of higher education that accepts Federal funding. <all> | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. Be it enacted by the Senate 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 Life on College Campus Act of 2021''. SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (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; or (ii) to remove a dead unborn child. (2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) The term ``school-based service site'' means-- (A) a health clinic that-- (i) meets the definition of a school-based health center under section 2110(c)(9)(A) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(A)) and is administered by a sponsoring facility (as defined in section 2110(c)(9)(B) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(B))); and (ii) provides, at a minimum, comprehensive primary health services during school hours by health professionals in accordance with established standards, community practice, reporting laws, and other State laws, including parental consent and notification laws that are not inconsistent with Federal law; or (B) a clinic providing health care services (including primary health services, family planning services, telehealth services, and pharmaceutical services, without regard to whether the services are provided by employees of the clinic or contracted providers) to students that is located on the campus of an institution of higher education that accepts Federal funding. <all> | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( (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; or (ii) to remove a dead unborn child. ( 2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( (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; or (ii) to remove a dead unborn child. ( 2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( (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; or (ii) to remove a dead unborn child. ( 2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( (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; or (ii) to remove a dead unborn child. ( 2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( | To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. ( (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; or (ii) to remove a dead unborn child. ( 2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ( | 502 |
538 | 11,903 | H.R.9190 | Economics and Public Finance | Presidential Accountability for Yearly Submission of The United States' Budget Act or the PAYSTUB Act
This bill restricts the use of federal funds for the salaries or expenses of political employees if the President's budget is not submitted to Congress by the first Monday in February as required by law.
Specifically, if the President's budget is not submitted to Congress on or before the first Monday in February of a year, federal funds may not be used for the salary or expenses of any political employee during the period beginning on the first Tuesday of February of that year and ending on the date the budget is submitted.
On the earliest possible date after the President's budget is submitted, political employees whose salaries or expenses were not paid during a period in which the President's budget had not yet been submitted must be paid for that period. | To amend title 31, United States Code, to limit the use of Federal
funds for the salaries or expenses of political employees if the
President's annual budget submission to Congress is late, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Accountability for
Yearly Submission of The United States' Budget Act'' or the ``PAYSTUB
Act''.
SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR POLITICAL EMPLOYEE
SALARIES AND EXPENSES IF PRESIDENT'S BUDGET IS LATE.
Section 1105 of title 31, United States Code, is amended by adding
at the end the following:
``(j)(1) If the budget under subsection (a) is not submitted to
Congress on or before the first Monday in February of a year, during
the period beginning on the first Tuesday of February of such year and
ending on the date the budget is submitted, no Federal funds may be
obligated or expended for the salary or expenses of any political
employee.
``(2) Each political employee whose salary and expenses are not
paid by operation of paragraph (1) shall be paid for the period the
limitation under such subsection was in effect at the employee's
standard rate of pay, at the earliest date possible after such period
ends, regardless of scheduled pay dates.
``(3) In this subsection, the term `political employee' means any
individual--
``(A) occupying a position described under sections 5312
through 5316 of title 5 (relating to the Executive Schedule);
``(B) serving under a noncareer appointment in the Senior
Executive Service, as defined under paragraph (7) of section
3132(a) of such title; or
``(C) occupying a position in the executive branch of the
Government of a confidential or policy-determining character
under schedule C of subpart C of part 213 of title 5, Code of
Federal Regulations.''.
<all> | PAYSTUB Act | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. | PAYSTUB Act
Presidential Accountability for Yearly Submission of The United States’ Budget Act | Rep. Carter, Earl L. "Buddy" | R | GA | This bill restricts the use of federal funds for the salaries or expenses of political employees if the President's budget is not submitted to Congress by the first Monday in February as required by law. Specifically, if the President's budget is not submitted to Congress on or before the first Monday in February of a year, federal funds may not be used for the salary or expenses of any political employee during the period beginning on the first Tuesday of February of that year and ending on the date the budget is submitted. On the earliest possible date after the President's budget is submitted, political employees whose salaries or expenses were not paid during a period in which the President's budget had not yet been submitted must be paid for that period. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Accountability for Yearly Submission of The United States' Budget Act'' or the ``PAYSTUB Act''. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR POLITICAL EMPLOYEE SALARIES AND EXPENSES IF PRESIDENT'S BUDGET IS LATE. Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(j)(1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted, no Federal funds may be obligated or expended for the salary or expenses of any political employee. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. <all> | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Accountability for Yearly Submission of The United States' Budget Act'' or the ``PAYSTUB Act''. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR POLITICAL EMPLOYEE SALARIES AND EXPENSES IF PRESIDENT'S BUDGET IS LATE. Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(j)(1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted, no Federal funds may be obligated or expended for the salary or expenses of any political employee. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. <all> | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Accountability for Yearly Submission of The United States' Budget Act'' or the ``PAYSTUB Act''. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR POLITICAL EMPLOYEE SALARIES AND EXPENSES IF PRESIDENT'S BUDGET IS LATE. Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(j)(1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted, no Federal funds may be obligated or expended for the salary or expenses of any political employee. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. <all> | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Accountability for Yearly Submission of The United States' Budget Act'' or the ``PAYSTUB Act''. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR POLITICAL EMPLOYEE SALARIES AND EXPENSES IF PRESIDENT'S BUDGET IS LATE. Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(j)(1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted, no Federal funds may be obligated or expended for the salary or expenses of any political employee. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. <all> | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. | To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. | 322 |
540 | 3,718 | S.4405 | Crime and Law Enforcement | Inmate Financial Accountability Task Force Act
This bill establishes a joint task force to (1) develop a strategic plan to improve the criminal and civil debt collection process and establish an effective coordination mechanism among each entity involved in the process, and (2) develop a strategic plan to improve oversight of Bureau of Prisons inmate trust fund accounts for detecting and deterring illicit financial activity and money laundering. | To establish a joint task force to improve the collection of
restitution and improve oversight of the Bureau of Prisons Inmate Trust
Fund Accounts for the purpose of deterring illicit financial activity,
money laundering, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inmate Financial Accountability Task
Force Act''.
SEC. 2. TASK FORCE.
(a) In General.--The Attorney General (in consultation with the
Director of the Bureau of Prisons and the Director of the Executive
Office for United States Attorneys), the Director of the Administrative
Office of the United States Courts, the Secretary of Health and Human
Services (in consultation with the Commissioner of the Office of Child
Support Enforcement), the Secretary of the Treasury, and the Director
of the United States Marshals Service shall establish a joint task
force (referred to in this Act as the ``Inmate Financial Accountability
Task Force'') to develop--
(1) a strategic plan to improve the criminal and civil debt
collection process and establish an effective coordination
mechanism among each entity involved in that process; and
(2) a strategic plan to improve oversight of Bureau of
Prisons Inmate Trust Fund Accounts for detecting and deterring
illicit financial activity and money laundering.
(b) Required Review of Procedures.--Not later than 180 days after
the date of enactment of this Act, the Inmate Financial Accountability
Task Force shall--
(1) review the long-standing problems in the collection of
outstanding criminal and civil debt, including fragmented
processes and lack of coordination;
(2) review and enhance training and examination procedures
to improve the capabilities of criminal and civil debt
reporting and collection by Federal agencies;
(3) recommend the proper accounting, reporting, collecting,
and management of criminal and civil debt eligible for referral
to the Secretary of the Treasury for collection actions;
(4) review and enhance training and examination procedures
to improve the capabilities of anti-money laundering processes
to detect financial transactions relating to Bureau of Prisons
Inmate Trust Fund Accounts;
(5) review and enhance procedures for referring potential
cases relating to money laundering and illicit financial
activity to the appropriate law enforcement agency; and
(6) determine, as appropriate, whether requirements for the
Bureau of Prisons are sufficient to detect and deter money
laundering relating to Bureau of Prisons Inmate Trust Fund
Accounts.
(c) Reports.--
(1) Criminal and civil debt collection report.--Not later
than 1 year after the date of enactment of this Act, the Inmate
Financial Accountability Task Force shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on the Judiciary of the Senate and the Committee on
Financial Services and the Committee on the Judiciary of the
House of Representatives, a report containing--
(A) an analysis of criminal and civil debt
collection efforts of the Federal Government;
(B) appropriate legislative, administrative, and
other recommendations to strengthen criminal and civil
debt collection processes; and
(C) recommendations, including--
(i) feedback from stakeholders, including
financial institutions and advocacy groups for
victims of crime, on policy proposals derived
from the analysis conducted by the Inmate
Financial Accountability Task Force that would
enhance the efforts and programs of Federal and
State agencies to improve criminal and civil
debt reporting and collection, including any
recommended changes to internal policies,
procedures, and controls;
(ii) any recommended changes to expand
information sharing relating to criminal and
civil debt reporting and collection between
financial institutions, appropriate law
enforcement agencies, appropriate State
agencies, and appropriate Federal agencies;
(iii) any recommended changes to enhance
the efforts and programs of Federal and State
agencies to improve criminal and civil debt
reporting and collection and expand information
sharing of the Bureau of Prisons Inmate Trust
Fund Accounts with appropriate law enforcement
agencies; and
(iv) any recommended changes, if necessary,
to existing statutes to more effectively report
and collect criminal and civil debt.
(2) Anti-money laundering report.--Not later than 1 year
after the date of enactment of this Act, the Inmate Financial
Accountability Task Force shall submit to the Committee on
Banking, Housing, and Urban Affairs and the Committee on the
Judiciary of the Senate, the Committee on Financial Services
and the Committee on the Judiciary of the House of
Representatives, a report containing--
(A) an analysis of anti-money laundering efforts of
the Federal Government and Federal financial
institutions relating to Bureau of Prisons Inmate Trust
Fund Accounts;
(B) appropriate legislative, administrative, and
other recommendations to improve anti-money laundering
efforts relating to Bureau of Prisons Inmate Trust Fund
Accounts; and
(C) recommendations, including--
(i) feedback from Federal agencies on best
practices under successful programs related to
anti-money laundering efforts in place that may
be suitable for broader adoption by the
Director of the Bureau of Prisons;
(ii) feedback from stakeholders, including
law enforcement agencies and financial
institutions, on policy proposals derived from
the analysis conducted by the Inmate Financial
Accountability Task Force that would enhance
anti-money laundering efforts and oversight of
Bureau of Prisons Inmate Trust Fund Accounts,
including any recommended changes to internal
policies, procedures, and controls to improve
anti-money laundering efforts;
(iii) any recommended changes to training
programs at the Bureau of Prisons to better
equip employees to deter and detect money
laundering relating to Bureau of Prisons Inmate
Trust Fund Accounts; and
(iv) recommended changes, if necessary, to
existing statutes to more effectively detect
and deter money laundering relating to Bureau
of Prisons Inmate Trust Fund Accounts.
(d) Limitation.--Nothing in this Act shall be construed to grant
rulemaking authority to the Inmate Financial Accountability Task Force.
(e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the
term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to--
(1) funds of Federal prisoners held in trust by the Bureau
of Prisons; and
(2) commissary funds of Federal prisoners.
<all> | Inmate Financial Accountability Task Force Act | A bill to establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. | Inmate Financial Accountability Task Force Act | Sen. Kennedy, John | R | LA | This bill establishes a joint task force to (1) develop a strategic plan to improve the criminal and civil debt collection process and establish an effective coordination mechanism among each entity involved in the process, and (2) develop a strategic plan to improve oversight of Bureau of Prisons inmate trust fund accounts for detecting and deterring illicit financial activity and money laundering. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. SHORT TITLE. SEC. TASK FORCE. (a) In General.--The Attorney General (in consultation with the Director of the Bureau of Prisons and the Director of the Executive Office for United States Attorneys), the Director of the Administrative Office of the United States Courts, the Secretary of Health and Human Services (in consultation with the Commissioner of the Office of Child Support Enforcement), the Secretary of the Treasury, and the Director of the United States Marshals Service shall establish a joint task force (referred to in this Act as the ``Inmate Financial Accountability Task Force'') to develop-- (1) a strategic plan to improve the criminal and civil debt collection process and establish an effective coordination mechanism among each entity involved in that process; and (2) a strategic plan to improve oversight of Bureau of Prisons Inmate Trust Fund Accounts for detecting and deterring illicit financial activity and money laundering. (c) Reports.-- (1) Criminal and civil debt collection report.--Not later than 1 year after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, a report containing-- (A) an analysis of criminal and civil debt collection efforts of the Federal Government; (B) appropriate legislative, administrative, and other recommendations to strengthen criminal and civil debt collection processes; and (C) recommendations, including-- (i) feedback from stakeholders, including financial institutions and advocacy groups for victims of crime, on policy proposals derived from the analysis conducted by the Inmate Financial Accountability Task Force that would enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection, including any recommended changes to internal policies, procedures, and controls; (ii) any recommended changes to expand information sharing relating to criminal and civil debt reporting and collection between financial institutions, appropriate law enforcement agencies, appropriate State agencies, and appropriate Federal agencies; (iii) any recommended changes to enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection and expand information sharing of the Bureau of Prisons Inmate Trust Fund Accounts with appropriate law enforcement agencies; and (iv) any recommended changes, if necessary, to existing statutes to more effectively report and collect criminal and civil debt. (e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. TASK FORCE. (c) Reports.-- (1) Criminal and civil debt collection report.--Not later than 1 year after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, a report containing-- (A) an analysis of criminal and civil debt collection efforts of the Federal Government; (B) appropriate legislative, administrative, and other recommendations to strengthen criminal and civil debt collection processes; and (C) recommendations, including-- (i) feedback from stakeholders, including financial institutions and advocacy groups for victims of crime, on policy proposals derived from the analysis conducted by the Inmate Financial Accountability Task Force that would enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection, including any recommended changes to internal policies, procedures, and controls; (ii) any recommended changes to expand information sharing relating to criminal and civil debt reporting and collection between financial institutions, appropriate law enforcement agencies, appropriate State agencies, and appropriate Federal agencies; (iii) any recommended changes to enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection and expand information sharing of the Bureau of Prisons Inmate Trust Fund Accounts with appropriate law enforcement agencies; and (iv) any recommended changes, if necessary, to existing statutes to more effectively report and collect criminal and civil debt. (e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. SEC. TASK FORCE. (a) In General.--The Attorney General (in consultation with the Director of the Bureau of Prisons and the Director of the Executive Office for United States Attorneys), the Director of the Administrative Office of the United States Courts, the Secretary of Health and Human Services (in consultation with the Commissioner of the Office of Child Support Enforcement), the Secretary of the Treasury, and the Director of the United States Marshals Service shall establish a joint task force (referred to in this Act as the ``Inmate Financial Accountability Task Force'') to develop-- (1) a strategic plan to improve the criminal and civil debt collection process and establish an effective coordination mechanism among each entity involved in that process; and (2) a strategic plan to improve oversight of Bureau of Prisons Inmate Trust Fund Accounts for detecting and deterring illicit financial activity and money laundering. (b) Required Review of Procedures.--Not later than 180 days after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall-- (1) review the long-standing problems in the collection of outstanding criminal and civil debt, including fragmented processes and lack of coordination; (2) review and enhance training and examination procedures to improve the capabilities of criminal and civil debt reporting and collection by Federal agencies; (3) recommend the proper accounting, reporting, collecting, and management of criminal and civil debt eligible for referral to the Secretary of the Treasury for collection actions; (4) review and enhance training and examination procedures to improve the capabilities of anti-money laundering processes to detect financial transactions relating to Bureau of Prisons Inmate Trust Fund Accounts; (5) review and enhance procedures for referring potential cases relating to money laundering and illicit financial activity to the appropriate law enforcement agency; and (6) determine, as appropriate, whether requirements for the Bureau of Prisons are sufficient to detect and deter money laundering relating to Bureau of Prisons Inmate Trust Fund Accounts. (c) Reports.-- (1) Criminal and civil debt collection report.--Not later than 1 year after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, a report containing-- (A) an analysis of criminal and civil debt collection efforts of the Federal Government; (B) appropriate legislative, administrative, and other recommendations to strengthen criminal and civil debt collection processes; and (C) recommendations, including-- (i) feedback from stakeholders, including financial institutions and advocacy groups for victims of crime, on policy proposals derived from the analysis conducted by the Inmate Financial Accountability Task Force that would enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection, including any recommended changes to internal policies, procedures, and controls; (ii) any recommended changes to expand information sharing relating to criminal and civil debt reporting and collection between financial institutions, appropriate law enforcement agencies, appropriate State agencies, and appropriate Federal agencies; (iii) any recommended changes to enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection and expand information sharing of the Bureau of Prisons Inmate Trust Fund Accounts with appropriate law enforcement agencies; and (iv) any recommended changes, if necessary, to existing statutes to more effectively report and collect criminal and civil debt. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. (e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. SEC. 2. TASK FORCE. (a) In General.--The Attorney General (in consultation with the Director of the Bureau of Prisons and the Director of the Executive Office for United States Attorneys), the Director of the Administrative Office of the United States Courts, the Secretary of Health and Human Services (in consultation with the Commissioner of the Office of Child Support Enforcement), the Secretary of the Treasury, and the Director of the United States Marshals Service shall establish a joint task force (referred to in this Act as the ``Inmate Financial Accountability Task Force'') to develop-- (1) a strategic plan to improve the criminal and civil debt collection process and establish an effective coordination mechanism among each entity involved in that process; and (2) a strategic plan to improve oversight of Bureau of Prisons Inmate Trust Fund Accounts for detecting and deterring illicit financial activity and money laundering. (b) Required Review of Procedures.--Not later than 180 days after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall-- (1) review the long-standing problems in the collection of outstanding criminal and civil debt, including fragmented processes and lack of coordination; (2) review and enhance training and examination procedures to improve the capabilities of criminal and civil debt reporting and collection by Federal agencies; (3) recommend the proper accounting, reporting, collecting, and management of criminal and civil debt eligible for referral to the Secretary of the Treasury for collection actions; (4) review and enhance training and examination procedures to improve the capabilities of anti-money laundering processes to detect financial transactions relating to Bureau of Prisons Inmate Trust Fund Accounts; (5) review and enhance procedures for referring potential cases relating to money laundering and illicit financial activity to the appropriate law enforcement agency; and (6) determine, as appropriate, whether requirements for the Bureau of Prisons are sufficient to detect and deter money laundering relating to Bureau of Prisons Inmate Trust Fund Accounts. (c) Reports.-- (1) Criminal and civil debt collection report.--Not later than 1 year after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, a report containing-- (A) an analysis of criminal and civil debt collection efforts of the Federal Government; (B) appropriate legislative, administrative, and other recommendations to strengthen criminal and civil debt collection processes; and (C) recommendations, including-- (i) feedback from stakeholders, including financial institutions and advocacy groups for victims of crime, on policy proposals derived from the analysis conducted by the Inmate Financial Accountability Task Force that would enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection, including any recommended changes to internal policies, procedures, and controls; (ii) any recommended changes to expand information sharing relating to criminal and civil debt reporting and collection between financial institutions, appropriate law enforcement agencies, appropriate State agencies, and appropriate Federal agencies; (iii) any recommended changes to enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection and expand information sharing of the Bureau of Prisons Inmate Trust Fund Accounts with appropriate law enforcement agencies; and (iv) any recommended changes, if necessary, to existing statutes to more effectively report and collect criminal and civil debt. (2) Anti-money laundering report.--Not later than 1 year after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate, the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, a report containing-- (A) an analysis of anti-money laundering efforts of the Federal Government and Federal financial institutions relating to Bureau of Prisons Inmate Trust Fund Accounts; (B) appropriate legislative, administrative, and other recommendations to improve anti-money laundering efforts relating to Bureau of Prisons Inmate Trust Fund Accounts; and (C) recommendations, including-- (i) feedback from Federal agencies on best practices under successful programs related to anti-money laundering efforts in place that may be suitable for broader adoption by the Director of the Bureau of Prisons; (ii) feedback from stakeholders, including law enforcement agencies and financial institutions, on policy proposals derived from the analysis conducted by the Inmate Financial Accountability Task Force that would enhance anti-money laundering efforts and oversight of Bureau of Prisons Inmate Trust Fund Accounts, including any recommended changes to internal policies, procedures, and controls to improve anti-money laundering efforts; (iii) any recommended changes to training programs at the Bureau of Prisons to better equip employees to deter and detect money laundering relating to Bureau of Prisons Inmate Trust Fund Accounts; and (iv) recommended changes, if necessary, to existing statutes to more effectively detect and deter money laundering relating to Bureau of Prisons Inmate Trust Fund Accounts. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. (e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. <all> | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. ( e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. | 980 |
541 | 14,606 | H.R.1573 | Immigration | Access to Counsel Act of 2021
This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, aliens in possession of a visa, returning asylees, and refugees.
The Department of Homeland Security shall ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party shall be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.
A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice. | To clarify the rights of certain persons who are held or detained at a
port of entry or at any facility overseen by U.S. Customs and Border
Protection.
Be it enacted by the Senate 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 Counsel Act of 2021''.
SEC. 2. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND
DURING DEFERRED INSPECTION.
(a) Access to Counsel and Other Assistance During Inspection.--
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is
amended by adding at the end the following:
``(e) Access to Counsel and Other Assistance During Inspection at
Ports of Entry and During Deferred Inspection.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that a covered individual has a meaningful opportunity
to consult with counsel and an interested party during the
inspection process.
``(2) Scope of assistance.--The Secretary of Homeland
Security shall--
``(A) provide the covered individual a meaningful
opportunity to consult (including consultation via
telephone) with counsel and an interested party not
later than one hour after the secondary inspection
process commences and as necessary throughout the
remainder of the inspection process, including, as
applicable, during deferred inspection;
``(B) allow counsel and an interested party to
advocate on behalf of the covered individual, including
by providing to the examining immigration officer
information, documentation, and other evidence in
support of the covered individual; and
``(C) to the greatest extent practicable,
accommodate a request by the covered individual for
counsel or an interested party to appear in-person at
the secondary or deferred inspection site.
``(3) Special rule for lawful permanent residents.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary of Homeland Security
may not accept a Form I-407 Record of Abandonment of
Lawful Permanent Resident Status (or a successor form)
from a lawful permanent resident subject to secondary
or deferred inspection without first providing such
lawful permanent resident a meaningful opportunity to
seek advice from counsel.
``(B) Exception.--The Secretary of Homeland
Security may accept Form I-407 Record of Abandonment of
Lawful Permanent Resident Status (or a successor form)
from a lawful permanent resident subject to secondary
or deferred inspection if such lawful permanent
resident knowingly, intelligently, and voluntarily
waives, in writing, the opportunity to seek advice from
counsel.
``(4) Definitions.--In this section:
``(A) Counsel.--The term `counsel' means--
``(i) an attorney who is a member in good
standing of the bar of any State, the District
of Columbia, or a territory or a possession of
the United States and is not under an order
suspending, enjoining, restraining, disbarring,
or otherwise restricting the attorney in the
practice of law; or
``(ii) an individual accredited by the
Attorney General, acting as a representative of
an organization recognized by the Executive
Office for Immigration Review, to represent a
covered individual in immigration matters.
``(B) Covered individual.--The term `covered
individual' means an individual subject to secondary or
deferred inspection who is--
``(i) a national of the United States;
``(ii) an immigrant, lawfully admitted for
permanent residence, who is returning from a
temporary visit abroad;
``(iii) an alien seeking admission as an
immigrant in possession of a valid unexpired
immigrant visa;
``(iv) an alien seeking admission as a
nonimmigrant in possession of a valid unexpired
nonimmigrant visa;
``(v) a refugee;
``(vi) a returning asylee; or
``(vii) an alien who has been approved for
parole under section 212(d)(5)(A), including an
alien who is returning to the United States in
possession of a valid advance parole document.
``(C) Interested party.--The term `interested
party' means--
``(i) a relative of the covered individual;
``(ii) in the case of a covered individual
to whom an immigrant or a nonimmigrant visa has
been issued, the petitioner or sponsor thereof
(including an agent of such petitioner or
sponsor); or
``(iii) a person, organization, or entity
in the United States with a bona fide
connection to the covered individual.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of the enactment of this Act.
(c) Savings Provision.--Nothing in this Act, or in any amendment
made by this Act, may be construed to limit a right to counsel or any
right to appointed counsel under--
(1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A));
(2) section 292 of the Immigration and Nationality Act (8
U.S.C. 1362); or
(3) any other provision of law, including any final court
order securing such rights,
as in effect on the day before the date of the enactment of this Act.
Passed the House of Representatives April 21, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | Access to Counsel Act of 2021 | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection.
To clarify the rights of all persons who are held or detained at a port of entry or at any detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. | Access to Counsel Act of 2021
Access to Counsel Act of 2021
Access to Counsel Act of 2021
Access to Counsel Act of 2021 | Rep. Jayapal, Pramila | D | WA | This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, aliens in possession of a visa, returning asylees, and refugees. The Department of Homeland Security shall ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party shall be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer. A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND DURING DEFERRED INSPECTION. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(B) Covered individual.--The term `covered individual' means an individual subject to secondary or deferred inspection who is-- ``(i) a national of the United States; ``(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; ``(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; ``(iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; ``(v) a refugee; ``(vi) a returning asylee; or ``(vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND DURING DEFERRED INSPECTION. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Covered individual.--The term `covered individual' means an individual subject to secondary or deferred inspection who is-- ``(i) a national of the United States; ``(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; ``(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; ``(iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; ``(v) a refugee; ``(vi) a returning asylee; or ``(vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND DURING DEFERRED INSPECTION. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(2) Scope of assistance.--The Secretary of Homeland Security shall-- ``(A) provide the covered individual a meaningful opportunity to consult (including consultation via telephone) with counsel and an interested party not later than one hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection; ``(B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and ``(C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in-person at the secondary or deferred inspection site. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(B) Covered individual.--The term `covered individual' means an individual subject to secondary or deferred inspection who is-- ``(i) a national of the United States; ``(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; ``(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; ``(iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; ``(v) a refugee; ``(vi) a returning asylee; or ``(vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. Be it enacted by the Senate 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 Counsel Act of 2021''. SEC. 2. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND DURING DEFERRED INSPECTION. (a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(2) Scope of assistance.--The Secretary of Homeland Security shall-- ``(A) provide the covered individual a meaningful opportunity to consult (including consultation via telephone) with counsel and an interested party not later than one hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection; ``(B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and ``(C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in-person at the secondary or deferred inspection site. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(B) Covered individual.--The term `covered individual' means an individual subject to secondary or deferred inspection who is-- ``(i) a national of the United States; ``(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; ``(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; ``(iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; ``(v) a refugee; ``(vi) a returning asylee; or ``(vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Attest: CHERYL L. JOHNSON, Clerk. | To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. ( | 800 |
544 | 4,506 | S.5252 | Civil Rights and Liberties, Minority Issues | Right to Private Conduct Act of 2022
This bill provides statutory authority for the right of adults to engage in private, consensual sexual conduct with other adults. | To establish the right of adults to engage in private, non-commercial,
consensual sexual conduct in the exercise of their liberty.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Private Conduct Act of
2022''.
SEC. 2. DEFINITION.
In this Act, the term ``adult'' means an individual who has
attained the lesser of--
(1) 18 years or age; or
(2) the minimum age at which an individual may consent to
sexual conduct under applicable State law.
SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON-
COMMERCIAL, CONSENSUAL SEXUAL CONDUCT.
(a) In General.--No person acting under color of law may--
(1) prevent an adult from engaging in private, non-
commercial, consensual sexual conduct with another adult;
(2) interfere with an adult engaging in private, non-
commercial, consensual sexual conduct with another adult; or
(3) intimidate, threaten, or retaliate against an adult
because that adult has engaged or may engage in such conduct
with another adult.
(b) Enforcement.--For the purposes of violations under subsection
(a), the enforcement mechanism provided for and available under the
following shall apply:
(1) Section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983).
(2) Section 241 of title 18, United States Code.
(3) Section 242 of title 18, United States Code.
(4) Section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601).
(c) Clarification.--Subsection (a) shall not apply to any law
(including any regulation) prohibiting public sexual conduct, forced or
non-consensual sexual conduct, or sexual conduct with a minor.
SEC. 4. RULES OF CONSTRUCTION.
(a) In General.--In interpreting the provisions of this Act, a
court shall liberally construe such provisions to effectuate the
purpose of ensuring the right of an adult to engage in private, non-
commercial, consensual sexual conduct with another adult.
(b) Other Laws.--Nothing in this Act shall be construed to
invalidate, limit, or displace the rights, remedies, procedures, or
legal standards available to individuals under Federal law, or to
supersede State laws, that provide protections against discrimination
beyond those provided in this Act.
(c) Other Individuals Considered as Acting Under Color of Law.--Any
person who, by operation of a provision of Federal or State law, is
permitted to implement or enforce a limitation, prohibition, or
requirement that violates section 3 of this Act shall be considered as
acting under color of law for purposes of this Act.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person, entity, government, or circumstance, is held to be
unconstitutional, the remainder of this Act, or the application of such
provision to all other persons, entities, governments, or
circumstances, shall not be affected thereby.
<all> | Right to Private Conduct Act of 2022 | A bill to establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. | Right to Private Conduct Act of 2022 | Sen. Schatz, Brian | D | HI | This bill provides statutory authority for the right of adults to engage in private, consensual sexual conduct with other adults. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Private Conduct Act of 2022''. SEC. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). (c) Clarification.--Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. SEC. 4. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non- commercial, consensual sexual conduct with another adult. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all> | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). 4. RULES OF CONSTRUCTION. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Private Conduct Act of 2022''. SEC. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). (c) Clarification.--Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. SEC. 4. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non- commercial, consensual sexual conduct with another adult. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all> | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Private Conduct Act of 2022''. SEC. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). (c) Clarification.--Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. SEC. 4. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non- commercial, consensual sexual conduct with another adult. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all> | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. | 482 |
545 | 13,984 | H.R.5750 | Health | Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021
This bill reauthorizes through FY2028, and otherwise revises, grants administered by the Substance Abuse and Mental Health Services Administration (SAMHSA) to support youth suicide early-intervention and prevention strategies. Specifically, the bill requires SAMHSA to award a portion of such grants for statewide training programs on emotional well-being, mental health, and suicide awareness and prevention for elementary and secondary school students and staff. | To amend the Public Health Service Act to authorize certain grants (for
youth suicide early intervention and prevention strategies) to be used
for school personnel in elementary and secondary schools and students
in secondary schools to receive student suicide awareness and
prevention training, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cady Housh and Gemesha Thomas
Student Suicide Prevention Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the last 12 years, suicide has been on the increase,
moving up to the second leading cause of death for young people
between the ages of 10 and 34 with about 157,000 youth treated
at emergency departments for self-inflicted injuries. Between
2007 and 2018, the national suicide rate among persons ages 1
to 24 increased 57.4 percent.
(2) According to the 2019 Youth Risk Behaviors Survey of
the Centers for Disease Control and Prevention, 18.8 percent of
high school students reported seriously considering suicide,
and 8.9 percent reporting attempting to take their lives during
that period.
(3) Eighty percent of students show warning signs before
attempting suicide.
(4) Prevention and awareness training will equip
individuals to become aware of the warning signs of suicide,
identify students in crisis, and provide resources for help.
(5) Research shows that inquiring about suicide ideation,
or discussing suicide in terms of recognizing risk factors and
prevention methods--
(A) does not increase the chance of suicide; and
(B) in fact, can lower the risk of suicide.
(6) Sexual minority youth (LGBTQ) are almost five times
more likely to have attempted suicide compared to their
heterosexual peers. In addition, 40 percent of LGBTQ youth
seriously considered attempting suicide in the past 12 months,
with more than half of transgender and nonbinary youth having
seriously considered suicide.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) student suicide awareness, prevention training, and
response materials should be available to all school personnel,
including administrative personnel, teachers, counselors, and
other school leaders;
(2) States should give autonomy to each local educational
agency to--
(A) adopt a policy with respect to student suicide
awareness and prevention; and
(B) work collaboratively with local organizations,
youth mental health experts, health care providers, and
the Secretary of Health and Human Services to implement
training for school personnel and students, including
by sharing and disseminating--
(i) training materials and resources; and
(ii) information that is evidence-informed
or promising on student suicide prevention;
(3) the Secretary of Health and Human Services should
identify the highest unmet needs, specifically with at-risk
student populations, such as--
(A) minority students;
(B) LBGTQ+ identifying students;
(C) students living with mental health conditions;
(D) students living with substance use disorders;
(E) students who have engaged in self-harm or have
attempted suicide; and
(F) students experiencing homelessness or out-of-
home settings;
(4) schools should offer these services to students in
grades 9 through 12, with the support of organizations with
demonstrated expertise in cultural competency, suicide
awareness, response, and prevention training;
(5) students who receive such training should not be taught
to be counselors, but rather should be educated on how to--
(A) recognize signs of suicide and depression;
(B) report these signs to appropriate staff; and
(C) identify sources of care and support; and
(6) schools should utilize school-based mental health
professionals and other community partnerships.
SEC. 4. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING.
(a) Additional Authorized Use of Grant Funds.--Section 520E(a) of
the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) establish and implement a statewide policy requiring
school personnel in elementary and secondary schools and
students in secondary schools to complete student emotional
well-being, mental health, and suicide awareness and prevention
training in accordance with subsection (d).''.
(b) Training Requirements.--Section 520E of the Public Health
Service Act (42 U.S.C. 290bb-36(a)), as amended by subsection (a), is
further amended--
(1) by redesignating subsections (d) through (m) as
subsections (e) through (n), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Requirements for Student Suicide Awareness and Training
Programs.--
``(1) In general.--As a condition on receipt of funds under
subsection (a)(6), an applicant shall agree to use the funds to
establish or implement a statewide policy--
``(A) requiring school personnel in elementary and
secondary schools and students in secondary schools to
complete student emotional well-being, mental health,
and suicide awareness and prevention training that--
``(i) includes at least one classroom
session each school year;
``(ii) is evidence-informed; and
``(iii) includes training on--
``(I) the warning signs of, and
elevated risk factors for, poor
emotional well-being, mental health
issues, and suicide of oneself and of
others;
``(II) suggested responses to such
warning signs;
``(III) further suicide awareness
and prevention resources; and
``(IV) the method and manner of
making an appropriate referral to a
school-based mental health services
provider; and
``(B) requiring, with respect to such school
personnel, that such training include training on--
``(i) cultural competency and
intersectionality sensitivity; and
``(ii) an overview of applicable Federal,
State, and local law concerning reporting
requirements.
``(2) Definitions.--As used in subsection (a)(6) and this
subsection:
``(A) The term `evidence-informed' means informed
by practices that--
``(i) use the best available research and
practice knowledge to guide program design and
implementation;
``(ii) allow for innovation while
incorporating the lessons learned from the
existing research literature; and
``(iii) are responsive to families'
cultural backgrounds, community values, and
individual preferences.
``(B) The term `school-based mental health services
provider' includes a State-licensed or State-certified
school counselor, school psychologist, school social
worker, or other State-licensed or certified mental
health professional qualified under State law to
provide mental health services to children and
adolescents.
``(C) The term `school personnel' means--
``(i) principals or other heads of a
school; other professional instructional staff
(such as staff involved in curriculum
development, staff development, or operating
library, media, and computer centers);
specialized instructional support personnel
such as school counselors, school social
workers, and school psychologists; and other
qualified professional personnel, such as
school nurses, speech language pathologists,
and school librarians, involved in providing
assessment, diagnosis, counseling, and
educational, therapeutic, and other necessary
services; and
``(ii) other school employees and
contractors who interact with students,
including bus drivers, cafeteria workers,
coaches, janitorial staff, and after-school
program employees.''.
(c) Funding.--Subsection (n) of section 520E of the Public Health
Service Act (42 U.S.C. 290bb-36), as redesignated by subsection (b)(2),
is amended--
(1) by striking ``For the purpose'' and inserting the
following:
``(1) In general.--For the purpose'';
(2) by striking ``2022'' and inserting ``2028''; and
(3) by adding at the end the following:
``(2) Allocation.--Of the amounts made available to carry
out this section for a fiscal year, not less than 15 percent of
such amounts shall be used for grants or cooperative agreements
to carry out subsection (a)(6) (to establish and implement a
statewide policy requiring school personnel in elementary and
secondary schools and students in secondary schools to complete
student emotional well-being, mental health, and suicide
awareness and prevention training).''.
<all> | Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021 | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. | Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021 | Rep. Cleaver, Emanuel | D | MO | This bill reauthorizes through FY2028, and otherwise revises, grants administered by the Substance Abuse and Mental Health Services Administration (SAMHSA) to support youth suicide early-intervention and prevention strategies. Specifically, the bill requires SAMHSA to award a portion of such grants for statewide training programs on emotional well-being, mental health, and suicide awareness and prevention for elementary and secondary school students and staff. | SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. (3) Eighty percent of students show warning signs before attempting suicide. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. (6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. In addition, 40 percent of LGBTQ youth seriously considered attempting suicide in the past 12 months, with more than half of transgender and nonbinary youth having seriously considered suicide. 3. SENSE OF CONGRESS. SEC. 4. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ``(C) The term `school personnel' means-- ``(i) principals or other heads of a school; other professional instructional staff (such as staff involved in curriculum development, staff development, or operating library, media, and computer centers); specialized instructional support personnel such as school counselors, school social workers, and school psychologists; and other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, and educational, therapeutic, and other necessary services; and ``(ii) other school employees and contractors who interact with students, including bus drivers, cafeteria workers, coaches, janitorial staff, and after-school program employees.''. (c) Funding.--Subsection (n) of section 520E of the Public Health Service Act (42 U.S.C. | 2. (3) Eighty percent of students show warning signs before attempting suicide. In addition, 40 percent of LGBTQ youth seriously considered attempting suicide in the past 12 months, with more than half of transgender and nonbinary youth having seriously considered suicide. 3. SENSE OF CONGRESS. SEC. 4. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ``(C) The term `school personnel' means-- ``(i) principals or other heads of a school; other professional instructional staff (such as staff involved in curriculum development, staff development, or operating library, media, and computer centers); specialized instructional support personnel such as school counselors, school social workers, and school psychologists; and other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, and educational, therapeutic, and other necessary services; and ``(ii) other school employees and contractors who interact with students, including bus drivers, cafeteria workers, coaches, janitorial staff, and after-school program employees.''. (c) Funding.--Subsection (n) of section 520E of the Public Health Service Act (42 U.S.C. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021''. 2. FINDINGS. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. Between 2007 and 2018, the national suicide rate among persons ages 1 to 24 increased 57.4 percent. (2) According to the 2019 Youth Risk Behaviors Survey of the Centers for Disease Control and Prevention, 18.8 percent of high school students reported seriously considering suicide, and 8.9 percent reporting attempting to take their lives during that period. (3) Eighty percent of students show warning signs before attempting suicide. (4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. (6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. In addition, 40 percent of LGBTQ youth seriously considered attempting suicide in the past 12 months, with more than half of transgender and nonbinary youth having seriously considered suicide. 3. SENSE OF CONGRESS. SEC. 4. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. (a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ``(C) The term `school personnel' means-- ``(i) principals or other heads of a school; other professional instructional staff (such as staff involved in curriculum development, staff development, or operating library, media, and computer centers); specialized instructional support personnel such as school counselors, school social workers, and school psychologists; and other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, and educational, therapeutic, and other necessary services; and ``(ii) other school employees and contractors who interact with students, including bus drivers, cafeteria workers, coaches, janitorial staff, and after-school program employees.''. (c) Funding.--Subsection (n) of section 520E of the Public Health Service Act (42 U.S.C. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021''. 2. FINDINGS. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. Between 2007 and 2018, the national suicide rate among persons ages 1 to 24 increased 57.4 percent. (2) According to the 2019 Youth Risk Behaviors Survey of the Centers for Disease Control and Prevention, 18.8 percent of high school students reported seriously considering suicide, and 8.9 percent reporting attempting to take their lives during that period. (3) Eighty percent of students show warning signs before attempting suicide. (4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. (6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. In addition, 40 percent of LGBTQ youth seriously considered attempting suicide in the past 12 months, with more than half of transgender and nonbinary youth having seriously considered suicide. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) student suicide awareness, prevention training, and response materials should be available to all school personnel, including administrative personnel, teachers, counselors, and other school leaders; (2) States should give autonomy to each local educational agency to-- (A) adopt a policy with respect to student suicide awareness and prevention; and (B) work collaboratively with local organizations, youth mental health experts, health care providers, and the Secretary of Health and Human Services to implement training for school personnel and students, including by sharing and disseminating-- (i) training materials and resources; and (ii) information that is evidence-informed or promising on student suicide prevention; (3) the Secretary of Health and Human Services should identify the highest unmet needs, specifically with at-risk student populations, such as-- (A) minority students; (B) LBGTQ+ identifying students; (C) students living with mental health conditions; (D) students living with substance use disorders; (E) students who have engaged in self-harm or have attempted suicide; and (F) students experiencing homelessness or out-of- home settings; (4) schools should offer these services to students in grades 9 through 12, with the support of organizations with demonstrated expertise in cultural competency, suicide awareness, response, and prevention training; (5) students who receive such training should not be taught to be counselors, but rather should be educated on how to-- (A) recognize signs of suicide and depression; (B) report these signs to appropriate staff; and (C) identify sources of care and support; and (6) schools should utilize school-based mental health professionals and other community partnerships. SEC. 4. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. (a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. (b) Training Requirements.--Section 520E of the Public Health Service Act (42 U.S.C. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ``(C) The term `school personnel' means-- ``(i) principals or other heads of a school; other professional instructional staff (such as staff involved in curriculum development, staff development, or operating library, media, and computer centers); specialized instructional support personnel such as school counselors, school social workers, and school psychologists; and other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, and educational, therapeutic, and other necessary services; and ``(ii) other school employees and contractors who interact with students, including bus drivers, cafeteria workers, coaches, janitorial staff, and after-school program employees.''. (c) Funding.--Subsection (n) of section 520E of the Public Health Service Act (42 U.S.C. 290bb-36), as redesignated by subsection (b)(2), is amended-- (1) by striking ``For the purpose'' and inserting the following: ``(1) In general.--For the purpose''; (2) by striking ``2022'' and inserting ``2028''; and (3) by adding at the end the following: ``(2) Allocation.--Of the amounts made available to carry out this section for a fiscal year, not less than 15 percent of such amounts shall be used for grants or cooperative agreements to carry out subsection (a)(6) (to establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training).''. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. 4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. ( 6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ( ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. 3) Eighty percent of students show warning signs before attempting suicide. ( STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. 3) Eighty percent of students show warning signs before attempting suicide. ( STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. 4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. ( 6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ( ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. 3) Eighty percent of students show warning signs before attempting suicide. ( STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. 4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. ( 6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ( ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. 3) Eighty percent of students show warning signs before attempting suicide. ( STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. 4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. ( 6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ( ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. 3) Eighty percent of students show warning signs before attempting suicide. ( STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. 4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. ( 6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ( a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. ( ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. | 1,259 |
547 | 3,026 | S.1578 | Health | Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021
This bill requires the Health Resources and Services Administration to establish a loan repayment program for mental health professionals who work in designated workforce-shortage areas. | To amend the Public Health Service Act to authorize a loan repayment
program for mental health professionals to relieve workforce shortages,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Professionals
Workforce Shortage Loan Repayment Act of 2021''.
SEC. 2. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN
SHORTAGE.
Title VII of the Public Health Service Act is amended--
(1) by redesignating part G (42 U.S.C. 295j et seq.) as
part H; and
(2) by inserting after part F (42 U.S.C. 294n et seq.) the
following:
``PART G--MENTAL HEALTH PROFESSIONALS IN WORKFORCE SHORTAGE
``SEC. 783. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN
WORKFORCE SHORTAGES.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall carry out a
program under which--
``(1) the Secretary enters into agreements with individuals
to make payments in accordance with subsection (b) on the
principal of and interest on any eligible loan; and
``(2) the individuals each agree to complete a period of
service in a mental health professional shortage area.
``(b) Payments.--For each year of obligated service by an
individual pursuant to an agreement under subsection (a), the Secretary
shall make a payment to such individual as follows:
``(1) Service in a shortage area.--The Secretary shall
pay--
``(A) for each year of obligated service by an
individual pursuant to an agreement under subsection
(a), \1/6\ of the principal of and interest on each
eligible loan of the individual which is outstanding on
the date the individual began service pursuant to the
agreement; and
``(B) for completion of the sixth and final year of
such service, the remainder of such principal and
interest.
``(2) Maximum amount.--The total amount of payments under
this section to any individual shall not exceed $250,000.
``(c) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education in mental health or a related
field leading to a master's degree, leading to a doctoral
degree, or consisting of post-doctoral study.
``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(3) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(4) Any other Federal loan as determined appropriate by
the Secretary.
``(d) Period of Service.--The period of service required by an
agreement under subsection (a) shall consist of up to 6 years of full-
time employment, with no more than one year passing between any two
years of covered employment, as a mental health professional in the
United States in a mental health professional shortage area.
``(e) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations or a loan
repayment under both--
``(1) this subsection; and
``(2) any federally supported loan forgiveness program,
including under section 338B, 338I, or 846 of this Act, or
section 428J, 428L, 455(m), or 460 of the Higher Education Act
of 1965.
``(f) Breach.--
``(1) Liquidated damages formula.--The Secretary may
establish a liquidated damages formula to be used in the event
of a breach of an agreement entered into under subsection (a).
``(2) Limitation.--The failure by an individual to complete
the full period of service obligated pursuant to such an
agreement, taken alone, shall not constitute a breach of the
agreement, so long as the individual completed in good faith
the years of service for which payments were made to the
individual under this section.
``(g) Additional Criteria.--The Secretary--
``(1) may establish such criteria and rules to carry out
this section as the Secretary determines are needed and in
addition to the criteria and rules specified in this section;
and
``(2) shall give notice to the committees specified in
subsection (h) of any criteria and rules so established.
``(h) Report to Congress.--Not later than 5 years after the date of
enactment of the Mental Health Professionals Workforce Shortage Loan
Repayment Act of 2021, and every other year thereafter, the Secretary
shall prepare and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report on--
``(1) the number and location of borrowers who have
qualified for loan repayments under this section; and
``(2) the impact of this section on the availability of
mental health services in mental health professional shortage
areas.
``(i) Definition.--In this section:
``(1) The term `mental health professional' means a full-
time job (including a fellowship) where the primary intent and
function of the job is the direct treatment or recovery support
of patients with or in recovery from a mental health disorder,
such as a physician (MD or DO), psychiatric nurse, social
worker, marriage and family therapist, mental health counselor,
occupational therapist, psychologist, psychiatrist, child and
adolescent psychiatrist, or neurologist.
``(2) The term `mental health professional shortage area'
means--
``(A) an area designated under section 332 with
respect to a shortage of mental health professionals;
or
``(B) any facility, program, center, or clinic as
determined appropriate by the Secretary for purposes of
this section because of a shortage of mental health
professionals, including private physician practices
and other medical facilities designated under section
332(a) as having such a shortage.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2022 through 2031.''.
<all> | Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021 | A bill to amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. | Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021 | Sen. Smith, Tina | D | MN | This bill requires the Health Resources and Services Administration to establish a loan repayment program for mental health professionals who work in designated workforce-shortage areas. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. 295j et seq.) as part H; and (2) by inserting after part F (42 U.S.C. 783. ``(b) Payments.--For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: ``(1) Service in a shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), \1/6\ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and ``(B) for completion of the sixth and final year of such service, the remainder of such principal and interest. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. 295j et seq.) as part H; and (2) by inserting after part F (42 U.S.C. ``(b) Payments.--For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: ``(1) Service in a shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), \1/6\ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and ``(B) for completion of the sixth and final year of such service, the remainder of such principal and interest. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. 295j et seq.) as part H; and (2) by inserting after part F (42 U.S.C. 783. ``(b) Payments.--For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: ``(1) Service in a shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), \1/6\ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and ``(B) for completion of the sixth and final year of such service, the remainder of such principal and interest. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- ``(1) this subsection; and ``(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(2) Limitation.--The failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section. ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021''. SEC. 2. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. Title VII of the Public Health Service Act is amended-- (1) by redesignating part G (42 U.S.C. 295j et seq.) as part H; and (2) by inserting after part F (42 U.S.C. 294n et seq.) the following: ``PART G--MENTAL HEALTH PROFESSIONALS IN WORKFORCE SHORTAGE ``SEC. 783. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN WORKFORCE SHORTAGES. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(1) the Secretary enters into agreements with individuals to make payments in accordance with subsection (b) on the principal of and interest on any eligible loan; and ``(2) the individuals each agree to complete a period of service in a mental health professional shortage area. ``(b) Payments.--For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: ``(1) Service in a shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), \1/6\ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and ``(B) for completion of the sixth and final year of such service, the remainder of such principal and interest. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- ``(1) this subsection; and ``(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(2) Limitation.--The failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section. ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(h) Report to Congress.--Not later than 5 years after the date of enactment of the Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021, and every other year thereafter, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on-- ``(1) the number and location of borrowers who have qualified for loan repayments under this section; and ``(2) the impact of this section on the availability of mental health services in mental health professional shortage areas. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. <all> | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. This Act may be cited as the ``Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021''. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. This Act may be cited as the ``Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021''. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. This Act may be cited as the ``Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021''. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. This Act may be cited as the ``Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021''. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. | To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031. ''. | 965 |
553 | 10,180 | H.R.3842 | Commerce | MicroCap Small Business Investing Act of 2021
This bill authorizes the Small Business Administration (SBA) to issue up to ten Small Business Investment Company (SBIC) licenses each year to certain applicants. An SBIC is a privately owned company, licensed and regulated by the SBA, which invests in small businesses through debt and equity.
A license issued under the bill must be awarded to an applicant
The SBA must prioritize applicants that are located in states with fewer licenses and establish a streamlined application process for those licenses. | To establish a MicroCap small business investment company designation,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MicroCap Small Business Investing
Act of 2021''.
SEC. 2. MICROCAP SMALL BUSINESS INVESTMENT COMPANY DESIGNATION.
(a) In General.--Title III of the Small Business Investment Act of
1958 (15 U.S.C. 681 et seq.) is amended--
(1) in section 301(c) (15 U.S.C. 681(c)), by adding at the
end the following:
``(5) Microcap small business investment company license.--
``(A) In general.--Notwithstanding any other
provision of law, the Administrator may approve an
application and issue not more than 10 licenses
annually under this subsection with respect to any
applicant--
``(i) that would otherwise be issued a
license under this subsection, except that the
management of the applicant does not satisfy
the qualification requirements under paragraph
(3)(A)(ii) to the extent that such requirements
relate to investment experience and track
record, including any such requirements further
set forth in section 107.305 of title 13, Code
of Federal Regulations, or any successor
regulation;
``(ii) for which the fund managers have--
``(I) a documented record of
successful business experience;
``(II) a record of business
management success; or
``(III) knowledge in the particular
industry or business in which the
investment strategy is being pursued;
and
``(iii) that, in addition to any other
requirement applicable to the applicant under
this title or the rules issued to carry out
this title (including section 121.301(c)(2) of
title 13, Code of Federal Regulations, or any
successor regulation), will make not less than
25 percent of its investments in--
``(I) low-income communities, as
that term is defined in section 45D(e)
of the Internal Revenue Code of 1986;
``(II) a community that has been
designated as a qualified opportunity
zone under section 1400Z-1 of the
Internal Revenue Code of 1986;
``(III) businesses primarily
engaged in research and development;
``(IV) manufacturers;
``(V) businesses primarily owned or
controlled by individuals in
underserved communities before
receiving capital from the applicant;
and
``(VI) rural areas, as that term is
defined by the Bureau of the Census.
``(B) Priority; streamlined process.--With respect
to an application for a license pursuant to this
paragraph, the Administrator shall--
``(i) give priority to an applicant for
such a license that is located in an
underlicensed State; and
``(ii) establish a streamlined process for
applicants submitting such an application.
``(C) Timing for issuance of license.--
Notwithstanding paragraph (2), with respect to an
application for a license submitted to the
Administrator pursuant to this paragraph, the
Administrator shall--
``(i) not later than 60 days after the date
on which the application is submitted to the
Administrator, process and provide complete
feedback with respect to any pre-license
application requirements applicable to the
applicant;
``(ii) not restrict the submission of any
application materials; and
``(iii) not later than 90 days after the
date on which the application is submitted to
the Administrator--
``(I) approve the application and
issue a license for such operation to
the applicant, if the requirements for
the license are satisfied; or
``(II) based upon facts in the
record--
``(aa) disapprove the
application; and
``(bb) provide the
applicant with--
``(AA) a clear,
written explanation of
the reason for the
disapproval; and
``(BB) a chance to
remedy any issues with
the application and
immediately reapply,
with technical
assistance provided as
needed and a new
determination made by
the Administrator not
later than 30 days
after the date on which
the applicant re-
submits the
application.
``(D) Leverage.--A company licensed pursuant to
this paragraph shall--
``(i) not be eligible to receive leverage
in an amount that is more than $25,000,000; and
``(ii) access leverage in an amount that is
not more than 100 percent of the private
capital of the applicant.
``(E) Investment committee.--
``(i) In general.--Each company licensed
pursuant to this paragraph shall have not fewer
than 2 independent members on the investment
committee of the company in a manner that
complies with the following requirements:
``(I) The independent members of
the investment committee are or have
been licensed managers of small
business investment companies within
the preceding 10-year period.
``(II) No small business investment
company described in subclause (I) may
adversely affected by the relationship
of the independent members of the
investment committee with the company
licensed pursuant to this paragraph.
``(III) The independent members of
the investment committee are required
to approve each investment made by the
company.
``(IV) The independent members of
the investment committee shall not be
paid a management fee, but may receive
paid expenses and a portion of any
carried interest.
``(ii) Leverage limits.--Any leverage
associated with a company licensed pursuant to
this paragraph shall not be counted toward the
leverage limits of the independent members of
the investment committee of the company under
this title.''; and
(2) in section 303(d) (15 U.S.C. 683(d)), by inserting
``(or, with respect to a company licensed under section
301(c)(5), 50 percent)'' after ``25 percent''.
(b) SBA Requirements.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Small Business Administration; and
(B) the term ``covered company'' means an entity
that is licensed to operate as a small business
investment company pursuant to paragraph (5) of section
301(c) of the Small Business Investment Act of 1958 (15
U.S.C. 681(c)), as added by subsection (a).
(2) Rules.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall issue rules to
carry out this section and the amendments made by this section.
(3) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall publicly publish a report that details, for
the year covered by the report--
(A) the number of covered companies licensed by the
Administrator;
(B) the industries in which covered companies have
invested;
(C) the geographic locations of covered companies;
and
(D) the aggregate performance of covered companies.
<all> | MicroCap Small Business Investing Act of 2021 | To establish a MicroCap small business investment company designation, and for other purposes. | MicroCap Small Business Investing Act of 2021 | Rep. Neguse, Joe | D | CO | This bill authorizes the Small Business Administration (SBA) to issue up to ten Small Business Investment Company (SBIC) licenses each year to certain applicants. An SBIC is a privately owned company, licensed and regulated by the SBA, which invests in small businesses through debt and equity. A license issued under the bill must be awarded to an applicant The SBA must prioritize applicants that are located in states with fewer licenses and establish a streamlined application process for those licenses. | SHORT TITLE. SEC. 2. MICROCAP SMALL BUSINESS INVESTMENT COMPANY DESIGNATION. is amended-- (1) in section 301(c) (15 U.S.C. 681(c)), by adding at the end the following: ``(5) Microcap small business investment company license.-- ``(A) In general.--Notwithstanding any other provision of law, the Administrator may approve an application and issue not more than 10 licenses annually under this subsection with respect to any applicant-- ``(i) that would otherwise be issued a license under this subsection, except that the management of the applicant does not satisfy the qualification requirements under paragraph (3)(A)(ii) to the extent that such requirements relate to investment experience and track record, including any such requirements further set forth in section 107.305 of title 13, Code of Federal Regulations, or any successor regulation; ``(ii) for which the fund managers have-- ``(I) a documented record of successful business experience; ``(II) a record of business management success; or ``(III) knowledge in the particular industry or business in which the investment strategy is being pursued; and ``(iii) that, in addition to any other requirement applicable to the applicant under this title or the rules issued to carry out this title (including section 121.301(c)(2) of title 13, Code of Federal Regulations, or any successor regulation), will make not less than 25 percent of its investments in-- ``(I) low-income communities, as that term is defined in section 45D(e) of the Internal Revenue Code of 1986; ``(II) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; ``(III) businesses primarily engaged in research and development; ``(IV) manufacturers; ``(V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the applicant; and ``(VI) rural areas, as that term is defined by the Bureau of the Census. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(III) The independent members of the investment committee are required to approve each investment made by the company. 681(c)), as added by subsection (a). (3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | SHORT TITLE. 2. MICROCAP SMALL BUSINESS INVESTMENT COMPANY DESIGNATION. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(III) The independent members of the investment committee are required to approve each investment made by the company. 681(c)), as added by subsection (a). (3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | 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. MICROCAP SMALL BUSINESS INVESTMENT COMPANY DESIGNATION. 681 et seq.) is amended-- (1) in section 301(c) (15 U.S.C. 681(c)), by adding at the end the following: ``(5) Microcap small business investment company license.-- ``(A) In general.--Notwithstanding any other provision of law, the Administrator may approve an application and issue not more than 10 licenses annually under this subsection with respect to any applicant-- ``(i) that would otherwise be issued a license under this subsection, except that the management of the applicant does not satisfy the qualification requirements under paragraph (3)(A)(ii) to the extent that such requirements relate to investment experience and track record, including any such requirements further set forth in section 107.305 of title 13, Code of Federal Regulations, or any successor regulation; ``(ii) for which the fund managers have-- ``(I) a documented record of successful business experience; ``(II) a record of business management success; or ``(III) knowledge in the particular industry or business in which the investment strategy is being pursued; and ``(iii) that, in addition to any other requirement applicable to the applicant under this title or the rules issued to carry out this title (including section 121.301(c)(2) of title 13, Code of Federal Regulations, or any successor regulation), will make not less than 25 percent of its investments in-- ``(I) low-income communities, as that term is defined in section 45D(e) of the Internal Revenue Code of 1986; ``(II) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; ``(III) businesses primarily engaged in research and development; ``(IV) manufacturers; ``(V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the applicant; and ``(VI) rural areas, as that term is defined by the Bureau of the Census. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(C) Timing for issuance of license.-- Notwithstanding paragraph (2), with respect to an application for a license submitted to the Administrator pursuant to this paragraph, the Administrator shall-- ``(i) not later than 60 days after the date on which the application is submitted to the Administrator, process and provide complete feedback with respect to any pre-license application requirements applicable to the applicant; ``(ii) not restrict the submission of any application materials; and ``(iii) not later than 90 days after the date on which the application is submitted to the Administrator-- ``(I) approve the application and issue a license for such operation to the applicant, if the requirements for the license are satisfied; or ``(II) based upon facts in the record-- ``(aa) disapprove the application; and ``(bb) provide the applicant with-- ``(AA) a clear, written explanation of the reason for the disapproval; and ``(BB) a chance to remedy any issues with the application and immediately reapply, with technical assistance provided as needed and a new determination made by the Administrator not later than 30 days after the date on which the applicant re- submits the application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(III) The independent members of the investment committee are required to approve each investment made by the company. ``(IV) The independent members of the investment committee shall not be paid a management fee, but may receive paid expenses and a portion of any carried interest. 681(c)), as added by subsection (a). (3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | To establish a MicroCap small business investment company designation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``MicroCap Small Business Investing Act of 2021''. SEC. 2. MICROCAP SMALL BUSINESS INVESTMENT COMPANY DESIGNATION. 681 et seq.) is amended-- (1) in section 301(c) (15 U.S.C. 681(c)), by adding at the end the following: ``(5) Microcap small business investment company license.-- ``(A) In general.--Notwithstanding any other provision of law, the Administrator may approve an application and issue not more than 10 licenses annually under this subsection with respect to any applicant-- ``(i) that would otherwise be issued a license under this subsection, except that the management of the applicant does not satisfy the qualification requirements under paragraph (3)(A)(ii) to the extent that such requirements relate to investment experience and track record, including any such requirements further set forth in section 107.305 of title 13, Code of Federal Regulations, or any successor regulation; ``(ii) for which the fund managers have-- ``(I) a documented record of successful business experience; ``(II) a record of business management success; or ``(III) knowledge in the particular industry or business in which the investment strategy is being pursued; and ``(iii) that, in addition to any other requirement applicable to the applicant under this title or the rules issued to carry out this title (including section 121.301(c)(2) of title 13, Code of Federal Regulations, or any successor regulation), will make not less than 25 percent of its investments in-- ``(I) low-income communities, as that term is defined in section 45D(e) of the Internal Revenue Code of 1986; ``(II) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; ``(III) businesses primarily engaged in research and development; ``(IV) manufacturers; ``(V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the applicant; and ``(VI) rural areas, as that term is defined by the Bureau of the Census. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(C) Timing for issuance of license.-- Notwithstanding paragraph (2), with respect to an application for a license submitted to the Administrator pursuant to this paragraph, the Administrator shall-- ``(i) not later than 60 days after the date on which the application is submitted to the Administrator, process and provide complete feedback with respect to any pre-license application requirements applicable to the applicant; ``(ii) not restrict the submission of any application materials; and ``(iii) not later than 90 days after the date on which the application is submitted to the Administrator-- ``(I) approve the application and issue a license for such operation to the applicant, if the requirements for the license are satisfied; or ``(II) based upon facts in the record-- ``(aa) disapprove the application; and ``(bb) provide the applicant with-- ``(AA) a clear, written explanation of the reason for the disapproval; and ``(BB) a chance to remedy any issues with the application and immediately reapply, with technical assistance provided as needed and a new determination made by the Administrator not later than 30 days after the date on which the applicant re- submits the application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(E) Investment committee.-- ``(i) In general.--Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: ``(I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. ``(II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. ``(III) The independent members of the investment committee are required to approve each investment made by the company. ``(IV) The independent members of the investment committee shall not be paid a management fee, but may receive paid expenses and a portion of any carried interest. ``(ii) Leverage limits.--Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ''; and (2) in section 303(d) (15 U.S.C. 683(d)), by inserting ``(or, with respect to a company licensed under section 301(c)(5), 50 percent)'' after ``25 percent''. (b) SBA Requirements.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; and (B) the term ``covered company'' means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as added by subsection (a). (3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(E) Investment committee.-- ``(i) In general.--Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: ``(I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. 683(d)), by inserting ``(or, with respect to a company licensed under section 301(c)(5), 50 percent)'' after ``25 percent''. ( 3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. ``(ii) Leverage limits.--Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ''; b) SBA Requirements.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; and (B) the term ``covered company'' means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as added by subsection (a). ( | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. ``(ii) Leverage limits.--Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ''; b) SBA Requirements.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; and (B) the term ``covered company'' means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as added by subsection (a). ( | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(E) Investment committee.-- ``(i) In general.--Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: ``(I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. 683(d)), by inserting ``(or, with respect to a company licensed under section 301(c)(5), 50 percent)'' after ``25 percent''. ( 3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. ``(ii) Leverage limits.--Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ''; b) SBA Requirements.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; and (B) the term ``covered company'' means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as added by subsection (a). ( | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(E) Investment committee.-- ``(i) In general.--Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: ``(I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. 683(d)), by inserting ``(or, with respect to a company licensed under section 301(c)(5), 50 percent)'' after ``25 percent''. ( 3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. ``(ii) Leverage limits.--Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ''; b) SBA Requirements.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; and (B) the term ``covered company'' means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as added by subsection (a). ( | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(E) Investment committee.-- ``(i) In general.--Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: ``(I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. 683(d)), by inserting ``(or, with respect to a company licensed under section 301(c)(5), 50 percent)'' after ``25 percent''. ( 3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. ``(ii) Leverage limits.--Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ''; b) SBA Requirements.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; and (B) the term ``covered company'' means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as added by subsection (a). ( | To establish a MicroCap small business investment company designation, and for other purposes. is amended-- (1) in section 301(c) (15 U.S.C. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(E) Investment committee.-- ``(i) In general.--Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: ``(I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. 683(d)), by inserting ``(or, with respect to a company licensed under section 301(c)(5), 50 percent)'' after ``25 percent''. ( 3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | 1,034 |
555 | 11,446 | H.R.9514 | Taxation | Working Families Childcare Access Act of 2022 or the WFCA Act of 2022
This bill allows certain additional expenses to be paid from a dependent care flexible spending arrangement (FSA), specifically qualified sports, tutoring, and music or art expenses. It also increases the eligibility age for dependent care benefits to 15, allows a carryforward of unused benefits to the next plan year, and increases to $15,000 the maximum amount of dependent care benefits excludible from employee gross income. | To amend the Internal Revenue Code of 1986 to allow for the inclusion
of additional expenses in dependent care FSAs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Childcare Access
Act of 2022'' or the ``WFCA Act of 2022''.
SEC. 2. ADDITIONAL EXPENSES INCLUDED IN DEPENDENT CARE ASSISTANCE
PROGRAMS.
(a) In General.--Section 129(e) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (1), by striking ``or provision of,
those'' and inserting ``or provision of, qualified adoption
expenses (within the meaning of section 137(d)), qualified
sports expenses, qualified tutoring expenses, qualifying art
expenses, or those'', and
(2) by adding at the end the following new paragraphs:
``(10) Qualified sports expenses.--The term `qualified
sports expenses' means expenses paid or incurred for the
participation or instruction of a dependent in a program of
physical exercise or physical activity.
``(11) Qualified tutoring expenses.--The term `qualified
tutoring expenses' means expenses paid or incurred for the
participation or instruction of a dependent in virtual or in-
person--
``(A) individual academic tutoring, or
``(B) small-group academic tutoring in a group of
four students or fewer.
``(12) Qualified art expenses.--The term `qualified art
expenses' means expenses paid or incurred for the participation
or instruction of a dependent in a program of music or art.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
SEC. 3. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP
TO AGE 15.
(a) In General.--Section 129(e)(1) of the Internal Revenue Code of
1986, as amended by section 1, is amended--
(1) by striking ``or provision of, qualified adoption
expenses'' and inserting ``or provision of, with respect to a
qualifying individual, qualified adoption expenses'',
(2) by striking ``The term'' and inserting the following:
``(A) In general.--The term'', and
(3) by adding at the end the following:
``(B) Special rule.--For purposes of subparagraph
(A), the term `qualifying individual' has the meaning
given in paragraph (1) of section 21(b), except such
paragraph shall be applied by substituting `age 15' for
`age 13'.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 4. CARRY FORWARD OF UNUSED BENEFITS.
(a) In General.--Section 129(d) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(10) Benefit carry forward rules.--
``(A) In general.--A plan meets the requirements of
this paragraph if it provides for the automatic carry
forward from the close of a plan year to the succeeding
plan year of any aggregate unused contributions
totaling $20 or greater.
``(B) Small balances.--For purposes of subparagraph
(A), if an eligible employee carries a balance of less
than $20 at the end of a plan year, such employee may
elect to carry forward such balance to the next plan
year or, if such employee makes no election, such
balance may be forfeited.
``(C) Exclusion from gross income.--No amount shall
be included in gross income under this chapter by
reason of any carry forward under this paragraph.
``(D) Coordination limits.--The maximum amount
which may be contributed to a dependent care assistance
flexible spending arrangement for any year to which an
unused amount is carried under this paragraph shall not
be reduced by such unused amount.''.
(b) Conforming Amendment.--Section 125(d)(2) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Exception for dependent care assistance
flexible spending arrangements.--Subparagraph (A) shall
not apply to a dependent care assistance flexible
spending arrangement which conforms to the benefit
carry forward rules of section 129(d)(10).''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2022.
SEC. 5. INCREASE OF BENEFITS FOR DEPENDENT CARE ASSISTANCE PROGRAMS.
(a) In General.--Section 129(a)(2)(A) of the Internal Revenue Code
of 1986 is amended by striking ``$5,000 ($2,500'' and inserting
``$15,000 ($7,500''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2022.
<all> | WFCA Act of 2022 | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. | WFCA Act of 2022
Working Families Childcare Access Act of 2022 | Rep. Miller, Carol D. | R | WV | This bill allows certain additional expenses to be paid from a dependent care flexible spending arrangement (FSA), specifically qualified sports, tutoring, and music or art expenses. It also increases the eligibility age for dependent care benefits to 15, allows a carryforward of unused benefits to the next plan year, and increases to $15,000 the maximum amount of dependent care benefits excludible from employee gross income. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Childcare Access Act of 2022'' or the ``WFCA Act of 2022''. 2. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. ``(12) Qualified art expenses.--The term `qualified art expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of music or art.''. 3. (a) In General.--Section 129(e)(1) of the Internal Revenue Code of 1986, as amended by section 1, is amended-- (1) by striking ``or provision of, qualified adoption expenses'' and inserting ``or provision of, with respect to a qualifying individual, qualified adoption expenses'', (2) by striking ``The term'' and inserting the following: ``(A) In general.--The term'', and (3) by adding at the end the following: ``(B) Special rule.--For purposes of subparagraph (A), the term `qualifying individual' has the meaning given in paragraph (1) of section 21(b), except such paragraph shall be applied by substituting `age 15' for `age 13'.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 4. CARRY FORWARD OF UNUSED BENEFITS. (a) In General.--Section 129(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Benefit carry forward rules.-- ``(A) In general.--A plan meets the requirements of this paragraph if it provides for the automatic carry forward from the close of a plan year to the succeeding plan year of any aggregate unused contributions totaling $20 or greater. ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. ``(C) Exclusion from gross income.--No amount shall be included in gross income under this chapter by reason of any carry forward under this paragraph. ``(D) Coordination limits.--The maximum amount which may be contributed to a dependent care assistance flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall not be reduced by such unused amount.''. SEC. (a) In General.--Section 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$5,000 ($2,500'' and inserting ``$15,000 ($7,500''. | SHORT TITLE. This Act may be cited as the ``Working Families Childcare Access Act of 2022'' or the ``WFCA Act of 2022''. 2. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. ``(12) Qualified art expenses.--The term `qualified art expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of music or art.''. 3. (a) In General.--Section 129(e)(1) of the Internal Revenue Code of 1986, as amended by section 1, is amended-- (1) by striking ``or provision of, qualified adoption expenses'' and inserting ``or provision of, with respect to a qualifying individual, qualified adoption expenses'', (2) by striking ``The term'' and inserting the following: ``(A) In general.--The term'', and (3) by adding at the end the following: ``(B) Special rule.--For purposes of subparagraph (A), the term `qualifying individual' has the meaning given in paragraph (1) of section 21(b), except such paragraph shall be applied by substituting `age 15' for `age 13'.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 4. CARRY FORWARD OF UNUSED BENEFITS. ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. ``(C) Exclusion from gross income.--No amount shall be included in gross income under this chapter by reason of any carry forward under this paragraph. ``(D) Coordination limits.--The maximum amount which may be contributed to a dependent care assistance flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall not be reduced by such unused amount.''. SEC. (a) In General.--Section 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$5,000 ($2,500'' and inserting ``$15,000 ($7,500''. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Childcare Access Act of 2022'' or the ``WFCA Act of 2022''. SEC. 2. ADDITIONAL EXPENSES INCLUDED IN DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 129(e) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``or provision of, those'' and inserting ``or provision of, qualified adoption expenses (within the meaning of section 137(d)), qualified sports expenses, qualified tutoring expenses, qualifying art expenses, or those'', and (2) by adding at the end the following new paragraphs: ``(10) Qualified sports expenses.--The term `qualified sports expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of physical exercise or physical activity. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. ``(12) Qualified art expenses.--The term `qualified art expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of music or art.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. (a) In General.--Section 129(e)(1) of the Internal Revenue Code of 1986, as amended by section 1, is amended-- (1) by striking ``or provision of, qualified adoption expenses'' and inserting ``or provision of, with respect to a qualifying individual, qualified adoption expenses'', (2) by striking ``The term'' and inserting the following: ``(A) In general.--The term'', and (3) by adding at the end the following: ``(B) Special rule.--For purposes of subparagraph (A), the term `qualifying individual' has the meaning given in paragraph (1) of section 21(b), except such paragraph shall be applied by substituting `age 15' for `age 13'.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 4. CARRY FORWARD OF UNUSED BENEFITS. (a) In General.--Section 129(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Benefit carry forward rules.-- ``(A) In general.--A plan meets the requirements of this paragraph if it provides for the automatic carry forward from the close of a plan year to the succeeding plan year of any aggregate unused contributions totaling $20 or greater. ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. ``(C) Exclusion from gross income.--No amount shall be included in gross income under this chapter by reason of any carry forward under this paragraph. ``(D) Coordination limits.--The maximum amount which may be contributed to a dependent care assistance flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall not be reduced by such unused amount.''. (b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 5. INCREASE OF BENEFITS FOR DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$5,000 ($2,500'' and inserting ``$15,000 ($7,500''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. <all> | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Childcare Access Act of 2022'' or the ``WFCA Act of 2022''. SEC. 2. ADDITIONAL EXPENSES INCLUDED IN DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 129(e) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``or provision of, those'' and inserting ``or provision of, qualified adoption expenses (within the meaning of section 137(d)), qualified sports expenses, qualified tutoring expenses, qualifying art expenses, or those'', and (2) by adding at the end the following new paragraphs: ``(10) Qualified sports expenses.--The term `qualified sports expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of physical exercise or physical activity. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. ``(12) Qualified art expenses.--The term `qualified art expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of music or art.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. (a) In General.--Section 129(e)(1) of the Internal Revenue Code of 1986, as amended by section 1, is amended-- (1) by striking ``or provision of, qualified adoption expenses'' and inserting ``or provision of, with respect to a qualifying individual, qualified adoption expenses'', (2) by striking ``The term'' and inserting the following: ``(A) In general.--The term'', and (3) by adding at the end the following: ``(B) Special rule.--For purposes of subparagraph (A), the term `qualifying individual' has the meaning given in paragraph (1) of section 21(b), except such paragraph shall be applied by substituting `age 15' for `age 13'.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 4. CARRY FORWARD OF UNUSED BENEFITS. (a) In General.--Section 129(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Benefit carry forward rules.-- ``(A) In general.--A plan meets the requirements of this paragraph if it provides for the automatic carry forward from the close of a plan year to the succeeding plan year of any aggregate unused contributions totaling $20 or greater. ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. ``(C) Exclusion from gross income.--No amount shall be included in gross income under this chapter by reason of any carry forward under this paragraph. ``(D) Coordination limits.--The maximum amount which may be contributed to a dependent care assistance flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall not be reduced by such unused amount.''. (b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 5. INCREASE OF BENEFITS FOR DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$5,000 ($2,500'' and inserting ``$15,000 ($7,500''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. <all> | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. ( ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. ( ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. ( ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. ( ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. ( ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | 725 |
557 | 12,317 | H.R.3801 | Commerce | Showing How Isolationism Effects [sic] Long-term Development Act or the SHIELD Act
This bill requires the Department of Commerce and the Federal Trade Commission (FTC) to study and report on electronic commerce, including data sharing and data flow, and its impact on the U.S. economy.
Such study shall involve a review of (1) the economic benefit of the free transfer of data, (2) the impact of digital trade barriers on the U.S. economy and business development, and (3) the beneficial impacts of data agreements on commerce. Commerce and the FTC must also establish and maintain a compendium of data localization regulations.
Commerce and the FTC must report to Congress the results of such study and any recommendations to promote U.S. economic activity through electronic commerce. | To require the Secretary of Commerce and Federal Trade Commission to
conduct an assessment and analysis of regulations regarding data
localization and to establish a compendium of such laws and develop a
means for maintaining, tracking, and updating such compendium.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Showing How Isolationism Effects
Long-term Development Act'' or the ``SHIELD Act''.
SEC. 2. DATA LOCALIZATION COMPENDIUM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Commerce and the Federal Trade Commission
shall jointly conduct a study on electronic commerce, including data
sharing and data flow, and its impact on the United States economy.
(b) Requirements for Study.--In conducting the study, the Secretary
and the Commission shall survey electronic commerce, including data
sharing and data flow, through outreach to participating entities to--
(1) review and determine the economic benefit of the free
transfer of data;
(2) review and determine the impact digital trade barriers
(limited to non-tariff trade barriers) have on the United
States economy and business development; and
(3) review any data agreement to determine the benefits
such agreements have on commerce.
(c) Compendium.--The Secretary and Commission shall establish a
compendium of data localization regulations (such as regulations
requiring that any data maintained about an individual be maintained
where such individual resides and where such information was collected)
and develop a means for maintaining, tracking, and updating such
compendium. The Secretary and Commission shall update such compendium
as appropriate, but not less than annually.
(d) Report to Congress.--The Secretary and the Commission shall
transmit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that contains--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations to develop any legislation to promote
United States economic activity through electronic commerce,
including data sharing and data flows, and any related consumer
protection issues.
<all> | SHIELD Act | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. | SHIELD Act
Showing How Isolationism Effects Long-term Development Act | Rep. Upton, Fred | R | MI | This bill requires the Department of Commerce and the Federal Trade Commission (FTC) to study and report on electronic commerce, including data sharing and data flow, and its impact on the U.S. economy. Such study shall involve a review of (1) the economic benefit of the free transfer of data, (2) the impact of digital trade barriers on the U.S. economy and business development, and (3) the beneficial impacts of data agreements on commerce. Commerce and the FTC must also establish and maintain a compendium of data localization regulations. Commerce and the FTC must report to Congress the results of such study and any recommendations to promote U.S. economic activity through electronic commerce. | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Showing How Isolationism Effects Long-term Development Act'' or the ``SHIELD Act''. SEC. 2. DATA LOCALIZATION COMPENDIUM. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall jointly conduct a study on electronic commerce, including data sharing and data flow, and its impact on the United States economy. (b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. (d) Report to Congress.--The Secretary and the Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains-- (1) the results of the study conducted under subsection (a); and (2) recommendations to develop any legislation to promote United States economic activity through electronic commerce, including data sharing and data flows, and any related consumer protection issues. <all> | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Showing How Isolationism Effects Long-term Development Act'' or the ``SHIELD Act''. SEC. 2. DATA LOCALIZATION COMPENDIUM. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall jointly conduct a study on electronic commerce, including data sharing and data flow, and its impact on the United States economy. (b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. (d) Report to Congress.--The Secretary and the Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains-- (1) the results of the study conducted under subsection (a); and (2) recommendations to develop any legislation to promote United States economic activity through electronic commerce, including data sharing and data flows, and any related consumer protection issues. <all> | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Showing How Isolationism Effects Long-term Development Act'' or the ``SHIELD Act''. SEC. 2. DATA LOCALIZATION COMPENDIUM. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall jointly conduct a study on electronic commerce, including data sharing and data flow, and its impact on the United States economy. (b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. (d) Report to Congress.--The Secretary and the Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains-- (1) the results of the study conducted under subsection (a); and (2) recommendations to develop any legislation to promote United States economic activity through electronic commerce, including data sharing and data flows, and any related consumer protection issues. <all> | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Showing How Isolationism Effects Long-term Development Act'' or the ``SHIELD Act''. SEC. 2. DATA LOCALIZATION COMPENDIUM. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall jointly conduct a study on electronic commerce, including data sharing and data flow, and its impact on the United States economy. (b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. (d) Report to Congress.--The Secretary and the Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains-- (1) the results of the study conducted under subsection (a); and (2) recommendations to develop any legislation to promote United States economic activity through electronic commerce, including data sharing and data flows, and any related consumer protection issues. <all> | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. ( | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. ( | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. ( | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. ( | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. | To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. ( | 355 |
558 | 13,974 | H.R.9289 | Taxation | Affordable Electric Vehicles for America Act of 2022
This bill extends until after 2025 the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle tax credit. | To amend the Internal Revenue Code of 1986 to temporarily suspend
application of the requirement that final assembly of vehicles occur
within North America for purposes of the clean vehicle 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 ``Affordable Electric Vehicles for
America Act of 2022''.
SEC. 2. ADJUSTMENT OF CERTAIN REQUIREMENTS FOR CLEAN VEHICLE CREDIT.
(a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the
Internal Revenue Code of 1986, as added by section 13401(b) of Public
Law 117-169, is amended by inserting ``in the case of any motor vehicle
sold after December 31, 2025,'' before ``the final assembly''.
(b) Critical Minerals and Battery Components.--Section 30D of the
Internal Revenue Code of 1986, as amended by section 13401 of Public
Law 117-169, is amended--
(1) in subsection (d)(7)--
(A) in subparagraph (A), by striking ``December 31,
2024'' and inserting ``December 31, 2025'', and
(B) in subparagraph (B), by striking ``December 31,
2023'' and inserting ``December 31, 2024'', and
(2) in subsection (e)--
(A) in paragraph (1)(B)--
(i) in clause (i), by striking ``after the
date on which the proposed guidance described
in paragraph (3)(B) is issued by the Secretary
and before January 1, 2024'' and inserting
``during calendar year 2026'',
(ii) in clause (ii), by striking ``2024''
and inserting ``2027'',
(iii) in clause (iii), by striking ``2025''
and inserting ``2028'',
(iv) in clause (iv), by striking ``2026''
and inserting ``2029'', and
(v) in clause (v), by striking ``December
31, 2026'' and inserting ``December 31, 2029'',
(B) in paragraph (2)(B)--
(i) in clause (i), by striking ``after the
date on which the proposed guidance described
in paragraph (3)(B) is issued by the Secretary
and before January 1, 2024'' and inserting
``during calendar year 2026'',
(ii) in clause (ii), by striking ``2024 or
2025'' and inserting ``2027 or 2028'',
(iii) in clause (iii), by striking ``2026''
and inserting ``2029'',
(iv) in clause (iv), by striking ``2027''
and inserting ``2030'',
(v) in clause (v), by striking ``2028'' and
inserting ``2031'', and
(vi) in clause (vi), by striking ``December
31, 2028'' and inserting ``December 31, 2031'',
and
(C) in paragraph (3)(B), by striking ``December 31,
2022'' and inserting ``December 31, 2025''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 13401 of Public Law
117-169.
<all> | Affordable Electric Vehicles for America Act of 2022 | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. | Affordable Electric Vehicles for America Act of 2022 | Rep. Sewell, Terri A. | D | AL | This bill extends until after 2025 the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle tax credit. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle 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 ``Affordable Electric Vehicles for America Act of 2022''. SEC. 2. ADJUSTMENT OF CERTAIN REQUIREMENTS FOR CLEAN VEHICLE CREDIT. (a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (b) Critical Minerals and Battery Components.--Section 30D of the Internal Revenue Code of 1986, as amended by section 13401 of Public Law 117-169, is amended-- (1) in subsection (d)(7)-- (A) in subparagraph (A), by striking ``December 31, 2024'' and inserting ``December 31, 2025'', and (B) in subparagraph (B), by striking ``December 31, 2023'' and inserting ``December 31, 2024'', and (2) in subsection (e)-- (A) in paragraph (1)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024'' and inserting ``2027'', (iii) in clause (iii), by striking ``2025'' and inserting ``2028'', (iv) in clause (iv), by striking ``2026'' and inserting ``2029'', and (v) in clause (v), by striking ``December 31, 2026'' and inserting ``December 31, 2029'', (B) in paragraph (2)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024 or 2025'' and inserting ``2027 or 2028'', (iii) in clause (iii), by striking ``2026'' and inserting ``2029'', (iv) in clause (iv), by striking ``2027'' and inserting ``2030'', (v) in clause (v), by striking ``2028'' and inserting ``2031'', and (vi) in clause (vi), by striking ``December 31, 2028'' and inserting ``December 31, 2031'', and (C) in paragraph (3)(B), by striking ``December 31, 2022'' and inserting ``December 31, 2025''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. <all> | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle 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 ``Affordable Electric Vehicles for America Act of 2022''. SEC. ADJUSTMENT OF CERTAIN REQUIREMENTS FOR CLEAN VEHICLE CREDIT. (b) Critical Minerals and Battery Components.--Section 30D of the Internal Revenue Code of 1986, as amended by section 13401 of Public Law 117-169, is amended-- (1) in subsection (d)(7)-- (A) in subparagraph (A), by striking ``December 31, 2024'' and inserting ``December 31, 2025'', and (B) in subparagraph (B), by striking ``December 31, 2023'' and inserting ``December 31, 2024'', and (2) in subsection (e)-- (A) in paragraph (1)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024'' and inserting ``2027'', (iii) in clause (iii), by striking ``2025'' and inserting ``2028'', (iv) in clause (iv), by striking ``2026'' and inserting ``2029'', and (v) in clause (v), by striking ``December 31, 2026'' and inserting ``December 31, 2029'', (B) in paragraph (2)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024 or 2025'' and inserting ``2027 or 2028'', (iii) in clause (iii), by striking ``2026'' and inserting ``2029'', (iv) in clause (iv), by striking ``2027'' and inserting ``2030'', (v) in clause (v), by striking ``2028'' and inserting ``2031'', and (vi) in clause (vi), by striking ``December 31, 2028'' and inserting ``December 31, 2031'', and (C) in paragraph (3)(B), by striking ``December 31, 2022'' and inserting ``December 31, 2025''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle 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 ``Affordable Electric Vehicles for America Act of 2022''. SEC. 2. ADJUSTMENT OF CERTAIN REQUIREMENTS FOR CLEAN VEHICLE CREDIT. (a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (b) Critical Minerals and Battery Components.--Section 30D of the Internal Revenue Code of 1986, as amended by section 13401 of Public Law 117-169, is amended-- (1) in subsection (d)(7)-- (A) in subparagraph (A), by striking ``December 31, 2024'' and inserting ``December 31, 2025'', and (B) in subparagraph (B), by striking ``December 31, 2023'' and inserting ``December 31, 2024'', and (2) in subsection (e)-- (A) in paragraph (1)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024'' and inserting ``2027'', (iii) in clause (iii), by striking ``2025'' and inserting ``2028'', (iv) in clause (iv), by striking ``2026'' and inserting ``2029'', and (v) in clause (v), by striking ``December 31, 2026'' and inserting ``December 31, 2029'', (B) in paragraph (2)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024 or 2025'' and inserting ``2027 or 2028'', (iii) in clause (iii), by striking ``2026'' and inserting ``2029'', (iv) in clause (iv), by striking ``2027'' and inserting ``2030'', (v) in clause (v), by striking ``2028'' and inserting ``2031'', and (vi) in clause (vi), by striking ``December 31, 2028'' and inserting ``December 31, 2031'', and (C) in paragraph (3)(B), by striking ``December 31, 2022'' and inserting ``December 31, 2025''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. <all> | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle 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 ``Affordable Electric Vehicles for America Act of 2022''. SEC. 2. ADJUSTMENT OF CERTAIN REQUIREMENTS FOR CLEAN VEHICLE CREDIT. (a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (b) Critical Minerals and Battery Components.--Section 30D of the Internal Revenue Code of 1986, as amended by section 13401 of Public Law 117-169, is amended-- (1) in subsection (d)(7)-- (A) in subparagraph (A), by striking ``December 31, 2024'' and inserting ``December 31, 2025'', and (B) in subparagraph (B), by striking ``December 31, 2023'' and inserting ``December 31, 2024'', and (2) in subsection (e)-- (A) in paragraph (1)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024'' and inserting ``2027'', (iii) in clause (iii), by striking ``2025'' and inserting ``2028'', (iv) in clause (iv), by striking ``2026'' and inserting ``2029'', and (v) in clause (v), by striking ``December 31, 2026'' and inserting ``December 31, 2029'', (B) in paragraph (2)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024 or 2025'' and inserting ``2027 or 2028'', (iii) in clause (iii), by striking ``2026'' and inserting ``2029'', (iv) in clause (iv), by striking ``2027'' and inserting ``2030'', (v) in clause (v), by striking ``2028'' and inserting ``2031'', and (vi) in clause (vi), by striking ``December 31, 2028'' and inserting ``December 31, 2031'', and (C) in paragraph (3)(B), by striking ``December 31, 2022'' and inserting ``December 31, 2025''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. <all> | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. | 424 |
560 | 3,211 | S.2437 | Environmental Protection | Expediting Forest Restoration and Recovery Act of 2021
This bill requires the Department of Agriculture to expedite the environmental review of hazardous fuel or insect and disease risk reduction projects on certain National Forest System land and prioritize reducing the risks of insect infestations and wildfires over other objectives in forest plans. In addition, the bill directs states to retain good neighbor agreement timber sale revenues and use them for certain restoration services. | To amend the Healthy Forests Restoration Act of 2003 to require the
Secretary of Agriculture to expedite hazardous fuel or insect and
disease risk reduction projects on certain National Forest System land,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expediting Forest Restoration and
Recovery Act of 2021''.
SEC. 2. APPLICATION BY FOREST SERVICE OF AUTHORITIES TO EXPEDITE
ENVIRONMENTAL ANALYSES IN CARRYING OUT HAZARDOUS FUEL AND
INSECT AND DISEASE RISK REDUCTION PROJECTS.
Section 104 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6514) is amended by adding at the end the following:
``(i) Application by Forest Service of Authorities To Expedite
Environmental Analyses in Carrying Out Hazardous Fuel and Insect and
Disease Risk Reduction Projects.--
``(1) Definitions.--In this subsection:
``(A) Insect and disease treatment area.--The term
`insect and disease treatment area' means an area
that--
``(i) is designated by the Secretary as an
insect and disease treatment area under this
title; or
``(ii) is designated as at risk or a hazard
on the most recent National Insect and Disease
Risk Map published by the Forest Service.
``(B) Secretary.--The term `Secretary' has the
meaning given the term in section 101(14)(A).
``(2) Use of authorities.--In carrying out a hazardous fuel
or insect and disease risk reduction project in an insect and
disease treatment area authorized under this Act, the Secretary
shall--
``(A) apply the categorical exclusion established
by section 603 in the case of a hazardous fuel or
insect and disease risk reduction project carried out
in an area--
``(i) designated as suitable for timber
production within the applicable forest plan;
or
``(ii) where timber harvest activities are
not prohibited;
``(B) conduct applicable environmental assessments
and environmental impact statements in accordance with
this section in the case of a hazardous fuel or insect
and disease risk reduction project--
``(i) carried out in an area--
``(I) outside of an area described
in subparagraph (A); or
``(II) where other significant
resource concerns exist, as determined
exclusively by the Secretary; or
``(ii) that is carried out in an area
equivalent to not less than a hydrologic unit
code 5 watershed, as defined by the United
States Geological Survey; and
``(C) notwithstanding subsection (d), in the case
of any other hazardous fuel or insect and disease
reduction project, in the environmental assessment or
environmental impact statement prepared under
subsection (b), study, develop, and describe--
``(i) the proposed agency action; and
``(ii) the alternative of no action.
``(3) Priority for reducing risks of insect infestation and
wildfire.--Except where established as a mandatory standard
that constrains project and activity decision making in a
resource management plan (as defined in section 101(13)(A)) in
effect on the date of enactment of this Act, in the case of an
insect and disease treatment area, the Secretary shall
prioritize reducing the risks of insect and disease infestation
and wildfire over other planning objectives.
``(4) Inclusion of fire regime groups iv and v.--
Notwithstanding section 603(c)(2)(B), the Secretary shall apply
the categorical exclusion described in paragraph (2)(A) to
areas in Fire Regime Groups IV and V.
``(5) Excluded areas.--This subsection shall not apply to--
``(A) a component of the National Wilderness
Preservation System; or
``(B) an inventoried roadless area, except in the
case of an activity that is permitted under--
``(i) the final rule of the Secretary
entitled `Special Areas; Roadless Area
Conservation' (66 Fed. Reg. 3244 (January 12,
2001)); or
``(ii) a State-specific roadless area
conservation rule.
``(6) Reports.--The Secretary shall annually make publicly
available data describing the acreage treated under hazardous
fuel or insect and disease risk reduction projects in insect
and disease treatment areas during the previous year.''.
SEC. 3. GOOD NEIGHBOR AUTHORITY.
Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C.
2113a(b)(2)) is amended by striking subparagraph (C) and inserting the
following:
``(C) Treatment of revenue.--Funds received from
the sale of timber by a Governor of a State under a
good neighbor agreement shall be retained and used by
the Governor--
``(i) to carry out authorized restoration
services under that good neighbor agreement;
and
``(ii) if funds remain after carrying out
authorized restoration services under clause
(i), to carry out authorized restoration
services within the State under other good
neighbor agreements.''.
<all> | Expediting Forest Restoration and Recovery Act of 2021 | A bill to amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. | Expediting Forest Restoration and Recovery Act of 2021 | Sen. Thune, John | R | SD | This bill requires the Department of Agriculture to expedite the environmental review of hazardous fuel or insect and disease risk reduction projects on certain National Forest System land and prioritize reducing the risks of insect infestations and wildfires over other objectives in forest plans. In addition, the bill directs states to retain good neighbor agreement timber sale revenues and use them for certain restoration services. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expediting Forest Restoration and Recovery Act of 2021''. 2. Section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended by adding at the end the following: ``(i) Application by Forest Service of Authorities To Expedite Environmental Analyses in Carrying Out Hazardous Fuel and Insect and Disease Risk Reduction Projects.-- ``(1) Definitions.--In this subsection: ``(A) Insect and disease treatment area.--The term `insect and disease treatment area' means an area that-- ``(i) is designated by the Secretary as an insect and disease treatment area under this title; or ``(ii) is designated as at risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. Reg. ``(6) Reports.--The Secretary shall annually make publicly available data describing the acreage treated under hazardous fuel or insect and disease risk reduction projects in insect and disease treatment areas during the previous year.''. SEC. 3. GOOD NEIGHBOR AUTHORITY. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. Section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended by adding at the end the following: ``(i) Application by Forest Service of Authorities To Expedite Environmental Analyses in Carrying Out Hazardous Fuel and Insect and Disease Risk Reduction Projects.-- ``(1) Definitions.--In this subsection: ``(A) Insect and disease treatment area.--The term `insect and disease treatment area' means an area that-- ``(i) is designated by the Secretary as an insect and disease treatment area under this title; or ``(ii) is designated as at risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. Reg. SEC. 3. GOOD NEIGHBOR AUTHORITY. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expediting Forest Restoration and Recovery Act of 2021''. SEC. 2. APPLICATION BY FOREST SERVICE OF AUTHORITIES TO EXPEDITE ENVIRONMENTAL ANALYSES IN CARRYING OUT HAZARDOUS FUEL AND INSECT AND DISEASE RISK REDUCTION PROJECTS. Section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended by adding at the end the following: ``(i) Application by Forest Service of Authorities To Expedite Environmental Analyses in Carrying Out Hazardous Fuel and Insect and Disease Risk Reduction Projects.-- ``(1) Definitions.--In this subsection: ``(A) Insect and disease treatment area.--The term `insect and disease treatment area' means an area that-- ``(i) is designated by the Secretary as an insect and disease treatment area under this title; or ``(ii) is designated as at risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(2) Use of authorities.--In carrying out a hazardous fuel or insect and disease risk reduction project in an insect and disease treatment area authorized under this Act, the Secretary shall-- ``(A) apply the categorical exclusion established by section 603 in the case of a hazardous fuel or insect and disease risk reduction project carried out in an area-- ``(i) designated as suitable for timber production within the applicable forest plan; or ``(ii) where timber harvest activities are not prohibited; ``(B) conduct applicable environmental assessments and environmental impact statements in accordance with this section in the case of a hazardous fuel or insect and disease risk reduction project-- ``(i) carried out in an area-- ``(I) outside of an area described in subparagraph (A); or ``(II) where other significant resource concerns exist, as determined exclusively by the Secretary; or ``(ii) that is carried out in an area equivalent to not less than a hydrologic unit code 5 watershed, as defined by the United States Geological Survey; and ``(C) notwithstanding subsection (d), in the case of any other hazardous fuel or insect and disease reduction project, in the environmental assessment or environmental impact statement prepared under subsection (b), study, develop, and describe-- ``(i) the proposed agency action; and ``(ii) the alternative of no action. ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. Reg. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. ``(6) Reports.--The Secretary shall annually make publicly available data describing the acreage treated under hazardous fuel or insect and disease risk reduction projects in insect and disease treatment areas during the previous year.''. SEC. 3. GOOD NEIGHBOR AUTHORITY. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. <all> | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expediting Forest Restoration and Recovery Act of 2021''. SEC. 2. APPLICATION BY FOREST SERVICE OF AUTHORITIES TO EXPEDITE ENVIRONMENTAL ANALYSES IN CARRYING OUT HAZARDOUS FUEL AND INSECT AND DISEASE RISK REDUCTION PROJECTS. Section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended by adding at the end the following: ``(i) Application by Forest Service of Authorities To Expedite Environmental Analyses in Carrying Out Hazardous Fuel and Insect and Disease Risk Reduction Projects.-- ``(1) Definitions.--In this subsection: ``(A) Insect and disease treatment area.--The term `insect and disease treatment area' means an area that-- ``(i) is designated by the Secretary as an insect and disease treatment area under this title; or ``(ii) is designated as at risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(2) Use of authorities.--In carrying out a hazardous fuel or insect and disease risk reduction project in an insect and disease treatment area authorized under this Act, the Secretary shall-- ``(A) apply the categorical exclusion established by section 603 in the case of a hazardous fuel or insect and disease risk reduction project carried out in an area-- ``(i) designated as suitable for timber production within the applicable forest plan; or ``(ii) where timber harvest activities are not prohibited; ``(B) conduct applicable environmental assessments and environmental impact statements in accordance with this section in the case of a hazardous fuel or insect and disease risk reduction project-- ``(i) carried out in an area-- ``(I) outside of an area described in subparagraph (A); or ``(II) where other significant resource concerns exist, as determined exclusively by the Secretary; or ``(ii) that is carried out in an area equivalent to not less than a hydrologic unit code 5 watershed, as defined by the United States Geological Survey; and ``(C) notwithstanding subsection (d), in the case of any other hazardous fuel or insect and disease reduction project, in the environmental assessment or environmental impact statement prepared under subsection (b), study, develop, and describe-- ``(i) the proposed agency action; and ``(ii) the alternative of no action. ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. Reg. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. ``(6) Reports.--The Secretary shall annually make publicly available data describing the acreage treated under hazardous fuel or insect and disease risk reduction projects in insect and disease treatment areas during the previous year.''. SEC. 3. GOOD NEIGHBOR AUTHORITY. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. <all> | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. | 747 |
561 | 14,322 | H.R.570 | Energy | Offshore Accountability Act of 2021
This bill establishes disclosure and reporting requirements for operators of offshore oil or gas facilities after equipment failures of critical systems.
Such operators must notify the Department of the Interior and the manufacturers of the equipment of such failures. In addition, the operators must provide equipment failure analyses to Interior and the manufacturers. Interior must post the analyses on its website.
Finally, operators must report to Interior on changes made by such manufacturers to the design of critical systems as the result of reported failures and changes in the operators' procedures as a result of reported failures. | To require operators of offshore oil and gas facilities to report
failures of critical systems to the Secretary of the Interior, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Offshore Accountability Act of
2021''.
SEC. 2. REPORTING REQUIREMENT.
(a) In General.--Not more than 30 days after the discovery of an
equipment failure of a critical system operated at an offshore oil or
gas facility, the operator of such facility shall provide a written
notice of such failure to the Secretary and the manufacturer of such
equipment.
(b) Investigation.--
(1) Analysis report.--Subject to subsection (d), an
operator required to provide notice to the Secretary under
subsection (a) shall ensure that an investigation and an
equipment failure analysis are completed within 120 days of the
failure to determine the cause of such failure. The operator
shall provide an analysis report to the Secretary and to the
manufacturer of such equipment documenting such investigation
and any corrective action taken.
(2) Publication.--Not more than 30 days after receiving an
analysis report submitted under paragraph (1), the Secretary
shall make such analysis report available to the public on the
Department of the Interior website.
(c) Extension.--An operator required to provide an analysis report
under subsection (b) may request an extension of up to 60 days from the
Secretary for such requirement by submitting a written request
detailing how such operator will complete the investigation and report
required by subsection (b). The Secretary shall review and respond to
such request not later than 30 days after the date on which such
request is submitted, and may not grant more than one such extension
with respect to a single investigation and report.
(d) Notice of Change in Equipment or Procedures.--An operator
required to provide a notice under subsection (a) shall--
(1) not more than 30 days after receiving notice from a
manufacturer of any critical system that made changes in the
design of a critical system as the result of the reported
failure, report in writing such notice to the Secretary; and
(2) not more than 30 days after a change in such operator's
operating or repair procedures as a result of the reported
failure, report in writing such change to the Secretary.
(e) Definitions.--In this section:
(1) Blowout preventer system.--The term ``blowout preventer
system'' means a wellhead device or combination of devices that
is specifically designed to prevent the uncontrolled release of
gas, oil, or other fluids or hydrocarbons.
(2) Critical system.--The term ``critical system'' means
safety and pollution prevention equipment or a blowout
preventer system.
(3) Equipment failure.--The term ``equipment failure''
means any conditions that prevents equipment from meeting its
functional specifications or purpose.
(4) Operator.--The term ``operator'' means the operator of
an offshore oil or gas facility.
(5) Safety and pollution prevention equipment.--The term
``safety and pollution prevention system'' means any equipment
that is specifically designed to prevent a malfunction or
failure of an offshore well, resulting in injury or loss of
life, damage to the environment, or serious damage to the
equipment, including--
(A) surface safety valves and actuators;
(B) boarding shutdown valves and the actuators of
such valves;
(C) underwater safety valves and actuators;
(D) subsurface safety valves and associated safety
valve locks and landing nipples; and
(E) gas lift shutdown valves and actuators
associated with such valves.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
Union Calendar No. 403
117th CONGRESS
2d Session
H. R. 570
[Report No. 117-562]
_______________________________________________________________________ | Offshore Accountability Act of 2021 | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. | Offshore Accountability Act of 2021
Offshore Accountability Act of 2021 | Rep. McEachin, A. Donald | D | VA | This bill establishes disclosure and reporting requirements for operators of offshore oil or gas facilities after equipment failures of critical systems. Such operators must notify the Department of the Interior and the manufacturers of the equipment of such failures. In addition, the operators must provide equipment failure analyses to Interior and the manufacturers. Interior must post the analyses on its website. Finally, operators must report to Interior on changes made by such manufacturers to the design of critical systems as the result of reported failures and changes in the operators' procedures as a result of reported failures. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be referred to as the ``Offshore Accountability Act of 2021''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Not more than 30 days after the discovery of an equipment failure of a critical system operated at an offshore oil or gas facility, the operator of such facility shall provide a written notice of such failure to the Secretary and the manufacturer of such equipment. (2) Publication.--Not more than 30 days after receiving an analysis report submitted under paragraph (1), the Secretary shall make such analysis report available to the public on the Department of the Interior website. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). The Secretary shall review and respond to such request not later than 30 days after the date on which such request is submitted, and may not grant more than one such extension with respect to a single investigation and report. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. (e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. (5) Safety and pollution prevention equipment.--The term ``safety and pollution prevention system'' means any equipment that is specifically designed to prevent a malfunction or failure of an offshore well, resulting in injury or loss of life, damage to the environment, or serious damage to the equipment, including-- (A) surface safety valves and actuators; (B) boarding shutdown valves and the actuators of such valves; (C) underwater safety valves and actuators; (D) subsurface safety valves and associated safety valve locks and landing nipples; and (E) gas lift shutdown valves and actuators associated with such valves. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Union Calendar No. 403 117th CONGRESS 2d Session H. R. 570 [Report No. 117-562] _______________________________________________________________________ | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be referred to as the ``Offshore Accountability Act of 2021''. SEC. 2. (a) In General.--Not more than 30 days after the discovery of an equipment failure of a critical system operated at an offshore oil or gas facility, the operator of such facility shall provide a written notice of such failure to the Secretary and the manufacturer of such equipment. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). (e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. (5) Safety and pollution prevention equipment.--The term ``safety and pollution prevention system'' means any equipment that is specifically designed to prevent a malfunction or failure of an offshore well, resulting in injury or loss of life, damage to the environment, or serious damage to the equipment, including-- (A) surface safety valves and actuators; (B) boarding shutdown valves and the actuators of such valves; (C) underwater safety valves and actuators; (D) subsurface safety valves and associated safety valve locks and landing nipples; and (E) gas lift shutdown valves and actuators associated with such valves. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Union Calendar No. 117-562] _______________________________________________________________________ | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be referred to as the ``Offshore Accountability Act of 2021''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Not more than 30 days after the discovery of an equipment failure of a critical system operated at an offshore oil or gas facility, the operator of such facility shall provide a written notice of such failure to the Secretary and the manufacturer of such equipment. (b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. The operator shall provide an analysis report to the Secretary and to the manufacturer of such equipment documenting such investigation and any corrective action taken. (2) Publication.--Not more than 30 days after receiving an analysis report submitted under paragraph (1), the Secretary shall make such analysis report available to the public on the Department of the Interior website. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). The Secretary shall review and respond to such request not later than 30 days after the date on which such request is submitted, and may not grant more than one such extension with respect to a single investigation and report. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. (e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. (2) Critical system.--The term ``critical system'' means safety and pollution prevention equipment or a blowout preventer system. (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. (4) Operator.--The term ``operator'' means the operator of an offshore oil or gas facility. (5) Safety and pollution prevention equipment.--The term ``safety and pollution prevention system'' means any equipment that is specifically designed to prevent a malfunction or failure of an offshore well, resulting in injury or loss of life, damage to the environment, or serious damage to the equipment, including-- (A) surface safety valves and actuators; (B) boarding shutdown valves and the actuators of such valves; (C) underwater safety valves and actuators; (D) subsurface safety valves and associated safety valve locks and landing nipples; and (E) gas lift shutdown valves and actuators associated with such valves. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Union Calendar No. 403 117th CONGRESS 2d Session H. R. 570 [Report No. 117-562] _______________________________________________________________________ | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be referred to as the ``Offshore Accountability Act of 2021''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Not more than 30 days after the discovery of an equipment failure of a critical system operated at an offshore oil or gas facility, the operator of such facility shall provide a written notice of such failure to the Secretary and the manufacturer of such equipment. (b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. The operator shall provide an analysis report to the Secretary and to the manufacturer of such equipment documenting such investigation and any corrective action taken. (2) Publication.--Not more than 30 days after receiving an analysis report submitted under paragraph (1), the Secretary shall make such analysis report available to the public on the Department of the Interior website. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). The Secretary shall review and respond to such request not later than 30 days after the date on which such request is submitted, and may not grant more than one such extension with respect to a single investigation and report. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. (e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. (2) Critical system.--The term ``critical system'' means safety and pollution prevention equipment or a blowout preventer system. (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. (4) Operator.--The term ``operator'' means the operator of an offshore oil or gas facility. (5) Safety and pollution prevention equipment.--The term ``safety and pollution prevention system'' means any equipment that is specifically designed to prevent a malfunction or failure of an offshore well, resulting in injury or loss of life, damage to the environment, or serious damage to the equipment, including-- (A) surface safety valves and actuators; (B) boarding shutdown valves and the actuators of such valves; (C) underwater safety valves and actuators; (D) subsurface safety valves and associated safety valve locks and landing nipples; and (E) gas lift shutdown valves and actuators associated with such valves. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Union Calendar No. 403 117th CONGRESS 2d Session H. R. 570 [Report No. 117-562] _______________________________________________________________________ | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. ( 6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. ( | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. ( | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. ( 6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. ( | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. ( 6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. ( | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. ( 6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. ( | To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. ( (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. ( 6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. | 612 |
562 | 4,268 | S.3631 | Congress | Bipartisan Ban on Congressional Stock Ownership Act of 2022
This bill prohibits Members of Congress and their spouses from owning or trading stocks, bonds, commodities, futures, or any other form of security. Each current Member must divest within 180 days after the bill is enacted and each new Member must divest within 180 days after becoming a Member. However, Members and their spouses have 5 years to divest from specified complex investment vehicles. The bill does not apply to certain investments, such as investments in widely held investment funds that are diversified and do not present a conflict of interest and investments held in government employee retirement plans.
A Member or spouse who violates the bill may be subject to a fine of up to $50,000 for each violation. The bill permits a Member or spouse who is required to divest property under the bill to avoid recognizing gain for income tax purposes from the sale of that property to the extent that the Member or spouse purchases permitted bonds or diversified investment funds within 60 days of the divestiture. | To prohibit stock trading and ownership by Members of Congress and
spouses of 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 ``Bipartisan Ban on Congressional
Stock Ownership Act of 2022''.
SEC. 2. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND
SPOUSES.
(a) Definitions.--In this section:
(1) Commodity.--The term ``commodity'' has the meaning
given that term in section 1a of the Commodity Exchange Act (7
U.S.C. 1a).
(2) Congressional ethics committee.--The term
``congressional ethics committee'' has the meaning given that
term in section 109 of the Ethics in Government Act of 1978 (5
U.S.C. App.).
(3) Diversified.--The term ``diversified'', with respect to
an investment fund, means that the investment fund does not
have a stated policy of overly concentrating its investments.
(4) Member of congress.--The term ``Member of Congress''
has the meaning given that term in section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(5) Security.--The term ``security'' has the meaning given
that term in section 3(a) of Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
(6) Small business concern.--The term ``small business
concern'' has the meaning given that term under section 3 of
the Small Business Act (15 U.S.C. 632).
(7) Widely held investment fund.--The term ``widely held
investment fund'' means a widely held investment fund described
in section 102(f)(8) of the Ethics in Government Act of 1978 (5
U.S.C. App.).
(b) Divestment.--
(1) In general.--Except as provided in subsection (c), no
Member of Congress or spouse of a Member of Congress may own an
interest in or trade (except as a divestment) any stock, bond,
commodity, future, or other form of security, including an
interest in a hedge fund, a derivative, option, or other
complex investment vehicle.
(2) Implementation.--
(A) Current members.--
(i) In general.--Except as provided in
clause (ii), an individual who is a Member of
Congress on the date of enactment of this Act,
or the spouse of such an individual, shall
complete the divestment of any asset described
in paragraph (1) by not later than 180 days
after the date of enactment of this Act.
(ii) Certain assets.--For an asset
described in paragraph (1) that is an interest
in a hedge fund, venture capital fund, or other
privately-held complex investment vehicle, an
individual who is a Member of Congress on the
date of enactment of this Act, or the spouse of
such an individual, shall complete the
divestment of the asset by not later than 5
years after the date of enactment of this Act.
(B) New members.--
(i) In general.--Except as provided in
clause (ii), an individual who becomes a Member
of Congress after the date of enactment of this
Act, or who is the spouse of such an
individual, shall complete the divestment of
any asset described in paragraph (1) by not
later than 180 days after the date on which the
individual becomes a Member of Congress.
(ii) Certain assets.--For an asset
described in paragraph (1) that is an interest
in a hedge fund, venture capital fund, or other
privately-held complex investment vehicle, an
individual who becomes a Member of Congress
after the date of enactment of this Act, or who
is the spouse of such an individual, shall
complete the divestment of the asset by not
later than 5 years after the date on which the
individual becomes a Member of Congress.
(C) Divestment of assets received while a member.--
An individual serving as a Member of Congress, or the
spouse of such an individual, who receives any asset
described in paragraph (1) during the period of such
service, such as from an inheritance, shall complete
the divestment of the asset by not later than 180 days
after the date on which the individual or spouse
receives the asset.
(c) Exceptions.--Nothing in this section shall be construed to
prevent--
(1) a Member of Congress or spouse of a Member of Congress
from owning or trading--
(A) a widely held investment fund, if the widely
held investment fund--
(i) does not present a conflict of
interest; and
(ii) is diversified;
(B) shares of Settlement Common Stock issued under
section 7(g)(1)(A) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(g)(1)(A));
(C) shares of Settlement Common Stock, as defined
in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602);
(D) a United States Treasury bill, note, or bond;
(E) an investment fund held in a Federal, State, or
local government employee retirement plan;
(F) an interest in a small business concern, if the
small business concern does not present a conflict of
interest; or
(G) any asset described in subsection (b)(1)
received as compensation from the primary occupation of
the spouse; or
(2) a spouse of a Member of Congress from trading any asset
described in subsection (b)(1) that is not owned by the spouse
or Member of Congress in the course of performing the primary
occupation of the spouse.
(d) Civil Fines.--The Attorney General or the Special Counsel may
bring a civil action in the appropriate United States district court
against any Member of Congress or spouse of a Member of Congress who
engages in conduct constituting a violation of this section and, upon
proof of such conduct by a preponderance of the evidence, such Member
of Congress or spouse shall be subject to a civil penalty of not more
than $50,000 for each violation. The imposition of a civil penalty
under this subsection does not preclude any other criminal or civil
statutory, common law, or administrative remedy, which is available by
law to the United States or any other person.
(e) Nonrecognition of Gain.--
(1) In general.--Paragraph (1) of section 1043(b) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) any Member of Congress or Member of Congress-
elect, but only with respect to a divestment of
property required by the Bipartisan Ban on
Congressional Stock Ownership Act of 2022, and''; and
(D) by striking ``subparagraph (A)'' in
subparagraph (C), as so redesignated, and inserting
``subparagraph (A) or (B), whichever is applicable''.
(2) Certificate of divestiture.--Subparagraph (B) of
section 1043(b)(2) of such Code is amended--
(A) by striking ``or by'' and inserting ``by''; and
(B) by inserting ``, or by the applicable
congressional ethics committee, in the case of Members
of Congress, Members of Congress-elect, and spouses of
Members of Congress and Members of Congress-elect''
after ``judicial officers''.
(3) Effective date.--The amendments made by this subsection
shall apply to sales of property after the date of the
enactment of this Act.
(f) Interpretive Guidance.--The Select Committee on Ethics of the
Senate and the Committee on Ethics of the House of Representatives
shall issue interpretive guidance regarding relevant terms not defined
in this Act or elsewhere in statute.
<all> | Bipartisan Ban on Congressional Stock Ownership Act of 2022 | A bill to prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. | Bipartisan Ban on Congressional Stock Ownership Act of 2022 | Sen. Warren, Elizabeth | D | MA | This bill prohibits Members of Congress and their spouses from owning or trading stocks, bonds, commodities, futures, or any other form of security. Each current Member must divest within 180 days after the bill is enacted and each new Member must divest within 180 days after becoming a Member. However, Members and their spouses have 5 years to divest from specified complex investment vehicles. The bill does not apply to certain investments, such as investments in widely held investment funds that are diversified and do not present a conflict of interest and investments held in government employee retirement plans. A Member or spouse who violates the bill may be subject to a fine of up to $50,000 for each violation. The bill permits a Member or spouse who is required to divest property under the bill to avoid recognizing gain for income tax purposes from the sale of that property to the extent that the Member or spouse purchases permitted bonds or diversified investment funds within 60 days of the divestiture. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. SHORT TITLE. SEC. 2. (a) Definitions.--In this section: (1) Commodity.--The term ``commodity'' has the meaning given that term in section 1a of the Commodity Exchange Act (7 U.S.C. (5) Security.--The term ``security'' has the meaning given that term in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (7) Widely held investment fund.--The term ``widely held investment fund'' means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. 1606(g)(1)(A)); (C) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (e) Nonrecognition of Gain.-- (1) In general.--Paragraph (1) of section 1043(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) any Member of Congress or Member of Congress- elect, but only with respect to a divestment of property required by the Bipartisan Ban on Congressional Stock Ownership Act of 2022, and''; and (D) by striking ``subparagraph (A)'' in subparagraph (C), as so redesignated, and inserting ``subparagraph (A) or (B), whichever is applicable''. (f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. 2. (a) Definitions.--In this section: (1) Commodity.--The term ``commodity'' has the meaning given that term in section 1a of the Commodity Exchange Act (7 U.S.C. (6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. App.). (ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. 1606(g)(1)(A)); (C) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (e) Nonrecognition of Gain.-- (1) In general.--Paragraph (1) of section 1043(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) any Member of Congress or Member of Congress- elect, but only with respect to a divestment of property required by the Bipartisan Ban on Congressional Stock Ownership Act of 2022, and''; and (D) by striking ``subparagraph (A)'' in subparagraph (C), as so redesignated, and inserting ``subparagraph (A) or (B), whichever is applicable''. (f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of 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. SEC. 2. (a) Definitions.--In this section: (1) Commodity.--The term ``commodity'' has the meaning given that term in section 1a of the Commodity Exchange Act (7 U.S.C. (3) Diversified.--The term ``diversified'', with respect to an investment fund, means that the investment fund does not have a stated policy of overly concentrating its investments. (5) Security.--The term ``security'' has the meaning given that term in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (7) Widely held investment fund.--The term ``widely held investment fund'' means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. (B) New members.-- (i) In general.--Except as provided in clause (ii), an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date on which the individual becomes a Member of Congress. 1606(g)(1)(A)); (C) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); (D) a United States Treasury bill, note, or bond; (E) an investment fund held in a Federal, State, or local government employee retirement plan; (F) an interest in a small business concern, if the small business concern does not present a conflict of interest; or (G) any asset described in subsection (b)(1) received as compensation from the primary occupation of the spouse; or (2) a spouse of a Member of Congress from trading any asset described in subsection (b)(1) that is not owned by the spouse or Member of Congress in the course of performing the primary occupation of the spouse. (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (e) Nonrecognition of Gain.-- (1) In general.--Paragraph (1) of section 1043(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) any Member of Congress or Member of Congress- elect, but only with respect to a divestment of property required by the Bipartisan Ban on Congressional Stock Ownership Act of 2022, and''; and (D) by striking ``subparagraph (A)'' in subparagraph (C), as so redesignated, and inserting ``subparagraph (A) or (B), whichever is applicable''. (3) Effective date.--The amendments made by this subsection shall apply to sales of property after the date of the enactment of this Act. (f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of 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. SEC. 2. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND SPOUSES. (a) Definitions.--In this section: (1) Commodity.--The term ``commodity'' has the meaning given that term in section 1a of the Commodity Exchange Act (7 U.S.C. (3) Diversified.--The term ``diversified'', with respect to an investment fund, means that the investment fund does not have a stated policy of overly concentrating its investments. (4) Member of congress.--The term ``Member of Congress'' has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. (5) Security.--The term ``security'' has the meaning given that term in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (7) Widely held investment fund.--The term ``widely held investment fund'' means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (b) Divestment.-- (1) In general.--Except as provided in subsection (c), no Member of Congress or spouse of a Member of Congress may own an interest in or trade (except as a divestment) any stock, bond, commodity, future, or other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle. (ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. (B) New members.-- (i) In general.--Except as provided in clause (ii), an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date on which the individual becomes a Member of Congress. (C) Divestment of assets received while a member.-- An individual serving as a Member of Congress, or the spouse of such an individual, who receives any asset described in paragraph (1) during the period of such service, such as from an inheritance, shall complete the divestment of the asset by not later than 180 days after the date on which the individual or spouse receives the asset. 1606(g)(1)(A)); (C) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); (D) a United States Treasury bill, note, or bond; (E) an investment fund held in a Federal, State, or local government employee retirement plan; (F) an interest in a small business concern, if the small business concern does not present a conflict of interest; or (G) any asset described in subsection (b)(1) received as compensation from the primary occupation of the spouse; or (2) a spouse of a Member of Congress from trading any asset described in subsection (b)(1) that is not owned by the spouse or Member of Congress in the course of performing the primary occupation of the spouse. (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (e) Nonrecognition of Gain.-- (1) In general.--Paragraph (1) of section 1043(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) any Member of Congress or Member of Congress- elect, but only with respect to a divestment of property required by the Bipartisan Ban on Congressional Stock Ownership Act of 2022, and''; and (D) by striking ``subparagraph (A)'' in subparagraph (C), as so redesignated, and inserting ``subparagraph (A) or (B), whichever is applicable''. (2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. (3) Effective date.--The amendments made by this subsection shall apply to sales of property after the date of the enactment of this Act. (f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. 6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (7) Widely held investment fund.--The term ``widely held investment fund'' means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. (B) New members.-- (i) In general.--Except as provided in clause (ii), an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date on which the individual becomes a Member of Congress. ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. ( (2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND SPOUSES. ( 4) Member of congress.--The term ``Member of Congress'' has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). ( (2) Implementation.-- (A) Current members.-- (i) In general.--Except as provided in clause (ii), an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date of enactment of this Act. ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. 2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND SPOUSES. ( 4) Member of congress.--The term ``Member of Congress'' has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). ( (2) Implementation.-- (A) Current members.-- (i) In general.--Except as provided in clause (ii), an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date of enactment of this Act. ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. 2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. 6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (7) Widely held investment fund.--The term ``widely held investment fund'' means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. (B) New members.-- (i) In general.--Except as provided in clause (ii), an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date on which the individual becomes a Member of Congress. ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. ( (2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND SPOUSES. ( 4) Member of congress.--The term ``Member of Congress'' has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). ( (2) Implementation.-- (A) Current members.-- (i) In general.--Except as provided in clause (ii), an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date of enactment of this Act. ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. 2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. 6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (7) Widely held investment fund.--The term ``widely held investment fund'' means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. (B) New members.-- (i) In general.--Except as provided in clause (ii), an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date on which the individual becomes a Member of Congress. ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. ( (2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND SPOUSES. ( 4) Member of congress.--The term ``Member of Congress'' has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). ( (2) Implementation.-- (A) Current members.-- (i) In general.--Except as provided in clause (ii), an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date of enactment of this Act. ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. 2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. ( ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. ( (2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( 2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. ( ( ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. ( (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. ( (2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. ( f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | 1,229 |
565 | 3,174 | S.3748 | Labor and Employment | Job Protection Act
This bill reduces from 12 months to 90 days the employment period required for employees (including federal employees) to become eligible for family and medical leave. Additionally, the bill makes the family and medical leave requirements applicable to all employers (currently, the requirements apply to employers with 50 or more employees). | To expand employees eligible for leave and employers subject to leave
requirements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Protection Act''.
SEC. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE.
(a) In General.--Section 101(2) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611(2)) is amended--
(1) in subparagraph (A), by striking ``employed--'' and all
that follows through the end of the subparagraph and inserting
``employed for not less than 90 days by the employer with
respect to whom leave is requested under section 102.'';
(2) in subparagraph (B), by striking ``does not include--''
and all that follows through the end of the subparagraph and
inserting ``does not include any Federal officer or employee
covered under subchapter V of chapter 63 of title 5, United
States Code (as added by title II of this Act).'';
(3) by striking subparagraphs (C) and (D); and
(4) by redesignating subparagraph (E) as subparagraph (C).
(b) Federal Employees.--
(1) Title 5.--Subchapter V of chapter 63 of title 5, United
States Code, is amended--
(A) in section 6381(1)(B), by striking ``12
months'' and inserting ``90 days''; and
(B) in section 6382(d)(2)(E), by striking ``12
months'' and inserting ``90 days''.
(2) Presidential employees.--Section 412(a)(2)(B) of title
3, United States Code, is amended by striking ``12 months and
for at least 1,250 hours of employment during the previous 12
months'' and inserting ``90 days''.
(3) Congressional employees.--Section 202(a)(2)(B) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(a)(2)(B)) is amended by striking ``12 months and for at
least 1,250 hours of employment during the previous 12 months''
and inserting ``90 days''.
SEC. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE REQUIREMENTS.
Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(4)(A)(i)) is amended by striking ``50 or more
employees'' and all that follows through the end of the clause and
inserting ``1 or more employees''.
SEC. 4. APPLICABILITY.
This Act, and the amendments made by this Act, shall apply with
respect to leave taken on or after the date of enactment of this Act.
<all> | Job Protection Act | A bill to expand employees eligible for leave and employers subject to leave requirements. | Job Protection Act | Sen. Smith, Tina | D | MN | This bill reduces from 12 months to 90 days the employment period required for employees (including federal employees) to become eligible for family and medical leave. Additionally, the bill makes the family and medical leave requirements applicable to all employers (currently, the requirements apply to employers with 50 or more employees). | To expand employees eligible for leave and employers subject to leave requirements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Protection Act''. SEC. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. (a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102.''; (2) in subparagraph (B), by striking ``does not include--'' and all that follows through the end of the subparagraph and inserting ``does not include any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act).''; (3) by striking subparagraphs (C) and (D); and (4) by redesignating subparagraph (E) as subparagraph (C). (b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. (3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. SEC. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE REQUIREMENTS. Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i)) is amended by striking ``50 or more employees'' and all that follows through the end of the clause and inserting ``1 or more employees''. SEC. 4. APPLICABILITY. This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. <all> | To expand employees eligible for leave and employers subject to leave requirements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Protection Act''. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. (a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102. ''; (2) in subparagraph (B), by striking ``does not include--'' and all that follows through the end of the subparagraph and inserting ``does not include any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act). ''; (3) by striking subparagraphs (C) and (D); and (4) by redesignating subparagraph (E) as subparagraph (C). (b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE REQUIREMENTS. Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i)) is amended by striking ``50 or more employees'' and all that follows through the end of the clause and inserting ``1 or more employees''. SEC. 4. APPLICABILITY. This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. | To expand employees eligible for leave and employers subject to leave requirements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Protection Act''. SEC. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. (a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102.''; (2) in subparagraph (B), by striking ``does not include--'' and all that follows through the end of the subparagraph and inserting ``does not include any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act).''; (3) by striking subparagraphs (C) and (D); and (4) by redesignating subparagraph (E) as subparagraph (C). (b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. (3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. SEC. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE REQUIREMENTS. Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i)) is amended by striking ``50 or more employees'' and all that follows through the end of the clause and inserting ``1 or more employees''. SEC. 4. APPLICABILITY. This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. <all> | To expand employees eligible for leave and employers subject to leave requirements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Protection Act''. SEC. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. (a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102.''; (2) in subparagraph (B), by striking ``does not include--'' and all that follows through the end of the subparagraph and inserting ``does not include any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act).''; (3) by striking subparagraphs (C) and (D); and (4) by redesignating subparagraph (E) as subparagraph (C). (b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. (3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. SEC. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE REQUIREMENTS. Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i)) is amended by striking ``50 or more employees'' and all that follows through the end of the clause and inserting ``1 or more employees''. SEC. 4. APPLICABILITY. This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. <all> | To expand employees eligible for leave and employers subject to leave requirements. b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. ( 3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. | To expand employees eligible for leave and employers subject to leave requirements. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. ( a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102. ''; ( This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. | To expand employees eligible for leave and employers subject to leave requirements. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. ( a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102. ''; ( This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. | To expand employees eligible for leave and employers subject to leave requirements. b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. ( 3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. | To expand employees eligible for leave and employers subject to leave requirements. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. ( a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102. ''; ( This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. | To expand employees eligible for leave and employers subject to leave requirements. b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. ( 3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. | To expand employees eligible for leave and employers subject to leave requirements. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. ( a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102. ''; ( This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. | To expand employees eligible for leave and employers subject to leave requirements. b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. ( 3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. | To expand employees eligible for leave and employers subject to leave requirements. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. ( a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102. ''; ( This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. | To expand employees eligible for leave and employers subject to leave requirements. b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. ( 3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. | 400 |
567 | 341 | S.4007 | Crime and Law Enforcement | Fighting Post-Traumatic Stress Disorder Act of 2022
This bill requires the Office of Community Oriented Policing Services within the Department of Justice to report on one or more proposed programs to make treatment or preventative care available to public safety officers and public safety telecommunicators for job-related post-traumatic stress disorder or acute stress disorder.
The report must also include draft legislative language related to each proposed program, as well as the estimated cost for administering each proposed program. | To require the Attorney General to propose a program for making
treatment for post-traumatic stress disorder and acute stress disorder
available to public safety officers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Post-Traumatic Stress
Disorder Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Public safety officers serve their communities with
bravery and distinction in order to keep their communities
safe.
(2) Public safety officers, including police officers,
firefighters, emergency medical technicians, and 911
dispatchers, are on the front lines of dealing with situations
that are stressful, graphic, harrowing, and life-threatening.
(3) The work of public safety officers puts them at risk
for developing post-traumatic stress disorder and acute stress
disorder.
(4) It is estimated that 30 percent of public safety
officers develop behavioral health conditions at some point in
their lifetimes, including depression and post-traumatic stress
disorder, in comparison to 20 percent of the general population
that develops such conditions.
(5) Victims of post-traumatic stress disorder and acute
stress disorder are at a higher risk of dying by suicide.
(6) Firefighters have been reported to have higher suicide
attempt and ideation rates than the general population.
(7) It is estimated that between 125 and 300 police
officers die by suicide every year.
(8) In 2019, pursuant to section 2(b) of the Law
Enforcement Mental Health and Wellness Act of 2017 (Public Law
115-113; 131 Stat. 2276), the Director of the Office of
Community Oriented Policing Services of the Department of
Justice developed a report (referred to in this section as the
``LEMHWA report'') that expressed that many law enforcement
agencies do not have the capacity or local access to the mental
health professionals necessary for treating their law
enforcement officers.
(9) The LEMHWA report recommended methods for establishing
remote access or regional mental health check programs at the
State or Federal level.
(10) Individual police and fire departments generally do
not have the resources to employ full-time mental health
experts who are able to treat public safety officers with
state-of-the-art techniques for the purpose of treating job-
related post-traumatic stress disorder and acute stress
disorder.
SEC. 3. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Definitions.--In this section:
(1) Public safety officer.--The term ``public safety
officer''--
(A) has the meaning given the term in section 1204
of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10284); and
(B) includes Tribal public safety officers.
(2) Public safety telecommunicator.--The term ``public
safety telecommunicator'' means an individual who--
(A) operates telephone, radio, or other
communication systems to receive and communicate
requests for emergency assistance at 911 public safety
answering points and emergency operations centers;
(B) takes information from the public and other
sources relating to crimes, threats, disturbances, acts
of terrorism, fires, medical emergencies, and other
public safety matters; and
(C) coordinates and provides information to law
enforcement and emergency response personnel.
(b) Report.--Not later than 150 days after the date of enactment of
this Act, the Attorney General, acting through the Director of the
Office of Community Oriented Policing Services of the Department of
Justice, 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--
(1) not fewer than 1 proposed program, if the Attorney
General determines it appropriate and feasible to do so, to be
administered by the Department of Justice for making state-of-
the-art treatments or preventative care available to public
safety officers and public safety telecommunicators with regard
to job-related post-traumatic stress disorder or acute stress
disorder by providing public safety officers and public safety
telecommunicators access to evidence-based trauma-informed
care, peer support, counselor services, and family supports for
the purpose of treating or preventing post-traumatic stress
disorder or acute stress disorder;
(2) a draft of any necessary grant conditions required to
ensure that confidentiality is afforded to public safety
officers on account of seeking the care or services described
in paragraph (1) under the proposed program;
(3) how each proposed program described in paragraph (1)
could be most efficiently administered throughout the United
States at the State, Tribal, territorial, and local levels,
taking into account in-person and telehealth capabilities;
(4) a draft of legislative language necessary to authorize
each proposed program described in paragraph (1); and
(5) an estimate of the amount of annual appropriations
necessary for administering each proposed program described in
paragraph (1).
(c) Development.--In developing the report required under
subsection (b), the Attorney General shall consult relevant
stakeholders, including--
(1) Federal, State, Tribal, territorial, and local agencies
employing public safety officers and public safety
telecommunicators; and
(2) non-governmental organizations, international
organizations, academies, or other entities, including
organizations that support the interests of public safety
officers and public safety telecommunicators and the interests
of family members of public safety officers and public safety
telecommunicators.
Passed the Senate August 1, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 4007
_______________________________________________________________________ | Fighting Post-Traumatic Stress Disorder Act of 2022 | A bill to require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. | Fighting Post-Traumatic Stress Disorder Act of 2022
Fighting Post-Traumatic Stress Disorder Act of 2022
Fighting Post-Traumatic Stress Disorder Act of 2022 | Sen. Grassley, Chuck | R | IA | This bill requires the Office of Community Oriented Policing Services within the Department of Justice to report on one or more proposed programs to make treatment or preventative care available to public safety officers and public safety telecommunicators for job-related post-traumatic stress disorder or acute stress disorder. The report must also include draft legislative language related to each proposed program, as well as the estimated cost for administering each proposed program. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Post-Traumatic Stress Disorder Act of 2022''. 2. FINDINGS. (6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. SEC. 3. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER. 10284); and (B) includes Tribal public safety officers. (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. Attest: Secretary. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Post-Traumatic Stress Disorder Act of 2022''. 2. FINDINGS. (6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. SEC. 3. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER. 10284); and (B) includes Tribal public safety officers. (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. Attest: Secretary. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Post-Traumatic Stress Disorder Act of 2022''. 2. FINDINGS. Congress finds the following: (1) Public safety officers serve their communities with bravery and distinction in order to keep their communities safe. (2) Public safety officers, including police officers, firefighters, emergency medical technicians, and 911 dispatchers, are on the front lines of dealing with situations that are stressful, graphic, harrowing, and life-threatening. (4) It is estimated that 30 percent of public safety officers develop behavioral health conditions at some point in their lifetimes, including depression and post-traumatic stress disorder, in comparison to 20 percent of the general population that develops such conditions. (6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. (9) The LEMHWA report recommended methods for establishing remote access or regional mental health check programs at the State or Federal level. SEC. 3. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER. 10284); and (B) includes Tribal public safety officers. (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (b) Report.--Not later than 150 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services of the Department of Justice, 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-- (1) not fewer than 1 proposed program, if the Attorney General determines it appropriate and feasible to do so, to be administered by the Department of Justice for making state-of- the-art treatments or preventative care available to public safety officers and public safety telecommunicators with regard to job-related post-traumatic stress disorder or acute stress disorder by providing public safety officers and public safety telecommunicators access to evidence-based trauma-informed care, peer support, counselor services, and family supports for the purpose of treating or preventing post-traumatic stress disorder or acute stress disorder; (2) a draft of any necessary grant conditions required to ensure that confidentiality is afforded to public safety officers on account of seeking the care or services described in paragraph (1) under the proposed program; (3) how each proposed program described in paragraph (1) could be most efficiently administered throughout the United States at the State, Tribal, territorial, and local levels, taking into account in-person and telehealth capabilities; (4) a draft of legislative language necessary to authorize each proposed program described in paragraph (1); and (5) an estimate of the amount of annual appropriations necessary for administering each proposed program described in paragraph (1). (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4007 _______________________________________________________________________ | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Post-Traumatic Stress Disorder Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Public safety officers serve their communities with bravery and distinction in order to keep their communities safe. (2) Public safety officers, including police officers, firefighters, emergency medical technicians, and 911 dispatchers, are on the front lines of dealing with situations that are stressful, graphic, harrowing, and life-threatening. (3) The work of public safety officers puts them at risk for developing post-traumatic stress disorder and acute stress disorder. (4) It is estimated that 30 percent of public safety officers develop behavioral health conditions at some point in their lifetimes, including depression and post-traumatic stress disorder, in comparison to 20 percent of the general population that develops such conditions. (5) Victims of post-traumatic stress disorder and acute stress disorder are at a higher risk of dying by suicide. (6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. (9) The LEMHWA report recommended methods for establishing remote access or regional mental health check programs at the State or Federal level. (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. SEC. 3. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER. (a) Definitions.--In this section: (1) Public safety officer.--The term ``public safety officer''-- (A) has the meaning given the term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); and (B) includes Tribal public safety officers. (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (b) Report.--Not later than 150 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services of the Department of Justice, 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-- (1) not fewer than 1 proposed program, if the Attorney General determines it appropriate and feasible to do so, to be administered by the Department of Justice for making state-of- the-art treatments or preventative care available to public safety officers and public safety telecommunicators with regard to job-related post-traumatic stress disorder or acute stress disorder by providing public safety officers and public safety telecommunicators access to evidence-based trauma-informed care, peer support, counselor services, and family supports for the purpose of treating or preventing post-traumatic stress disorder or acute stress disorder; (2) a draft of any necessary grant conditions required to ensure that confidentiality is afforded to public safety officers on account of seeking the care or services described in paragraph (1) under the proposed program; (3) how each proposed program described in paragraph (1) could be most efficiently administered throughout the United States at the State, Tribal, territorial, and local levels, taking into account in-person and telehealth capabilities; (4) a draft of legislative language necessary to authorize each proposed program described in paragraph (1); and (5) an estimate of the amount of annual appropriations necessary for administering each proposed program described in paragraph (1). (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4007 _______________________________________________________________________ | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. 2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. 2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. 2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. 2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. 2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. ( (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. ( (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. | 871 |
569 | 953 | S.4401 | Government Operations and Politics | First Opportunity for Information to Americans Act or the FOIA Fix Act
This bill bars certain foreign nationals and entities from obtaining U.S. government records under the Freedom of Information Act.
The bill specifically prohibits an agency from making records available to specified requesters, including an entity that is a subsidiary of an entity with a principal place of business or headquarters located in China, Russia, North Korea, Iran, Cuba, Syria, or Venezuela.
Further, the bill sets penalties for knowingly assisting, conspiring, or abetting a request for information on behalf of an individual or entity that is prohibited from receiving it. | To modify the Freedom of Information Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Opportunity for Information to
Americans Act'' or the ``FOIA Fix Act''.
SEC. 2. FOIA REQUESTS.
Section 552 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3)(A), by inserting ``or
paragraph (9)'' after ``subparagraph (E)''; and
(B) by adding at the end the following:
``(9)(A) Except as provided in subparagraph (D), an agency may not
make any record available under this subsection to any requester that--
``(i) is an individual who is not a citizen of the United
States or an alien lawfully admitted for permanent residence;
``(ii) is an entity that does not have a principal place of
business or headquarters located in a State, the District of
Columbia, or any territory or possession of the United States;
or
``(iii) is an entity that is a subsidiary of an entity with
a principal place of business or headquarters located in--
``(I) the People's Republic of China;
``(II) the Russian Federation;
``(III) the Democratic People's Republic of Korea;
``(IV) the Islamic Republic of Iran;
``(V) the Republic of Cuba;
``(VI) the Syrian Arab Republic; or
``(VII) the regime of Nicolas Maduro in Venezuela.
``(B) Knowingly assisting, conspiring, or abetting a request for
information under this section on behalf of an individual or entity
that is prohibited from receiving the information under subparagraph
(A) is punishable by a fine of up $10,000 per violation and not more
than 1 year in prison.
``(C) Each agency shall promulgate regulations as necessary to
carry out subparagraph (A).
``(D) Subparagraph (A) shall not apply to a requester that is
seeking official copies of the immigration court proceedings of the
requester.
``(10) Notwithstanding any other provision of this section, an
agency may determine the manner in which a request is fulfilled under
this subsection if the agency has a reasonable belief that fulfilling
the request in the manner requested by the requester--
``(A) is likely to result in the exposure of material or
information that is not responsive to the request, including
any data describing the structure, data elements,
interrelationships, or other characteristics of electronic
records otherwise responsive to the request; or
``(B) poses a material security risk to the agency or
another entity in the Federal Government.''; and
(2) in subsection (b)--
(A) in paragraph (8), by striking ``or'' at the
end; and
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(10) records or information, such as blueprints,
schematics, formulae, technical expertise, or other similar
information that is susceptible to reverse engineering--
``(A) the disclosure of which is likely to damage
the interests of the United States;
``(B) that is materially related to the study of an
emerging or foundational technology identified by the
Department of Commerce; and
``(C) for which the interest of the public in
disclosure does not outweigh the interests described in
subparagraph (A).''.
<all> | FOIA Fix Act | A bill to modify the Freedom of Information Act, and for other purposes. | FOIA Fix Act
First Opportunity for Information to Americans Act | Sen. Rubio, Marco | R | FL | This bill bars certain foreign nationals and entities from obtaining U.S. government records under the Freedom of Information Act. The bill specifically prohibits an agency from making records available to specified requesters, including an entity that is a subsidiary of an entity with a principal place of business or headquarters located in China, Russia, North Korea, Iran, Cuba, Syria, or Venezuela. Further, the bill sets penalties for knowingly assisting, conspiring, or abetting a request for information on behalf of an individual or entity that is prohibited from receiving it. | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. FOIA REQUESTS. Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by inserting ``or paragraph (9)'' after ``subparagraph (E)''; and (B) by adding at the end the following: ``(9)(A) Except as provided in subparagraph (D), an agency may not make any record available under this subsection to any requester that-- ``(i) is an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence; ``(ii) is an entity that does not have a principal place of business or headquarters located in a State, the District of Columbia, or any territory or possession of the United States; or ``(iii) is an entity that is a subsidiary of an entity with a principal place of business or headquarters located in-- ``(I) the People's Republic of China; ``(II) the Russian Federation; ``(III) the Democratic People's Republic of Korea; ``(IV) the Islamic Republic of Iran; ``(V) the Republic of Cuba; ``(VI) the Syrian Arab Republic; or ``(VII) the regime of Nicolas Maduro in Venezuela. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. ``(10) Notwithstanding any other provision of this section, an agency may determine the manner in which a request is fulfilled under this subsection if the agency has a reasonable belief that fulfilling the request in the manner requested by the requester-- ``(A) is likely to result in the exposure of material or information that is not responsive to the request, including any data describing the structure, data elements, interrelationships, or other characteristics of electronic records otherwise responsive to the request; or ``(B) poses a material security risk to the agency or another entity in the Federal Government. ''; and (2) in subsection (b)-- (A) in paragraph (8), by striking ``or'' at the end; and (B) in paragraph (9), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(10) records or information, such as blueprints, schematics, formulae, technical expertise, or other similar information that is susceptible to reverse engineering-- ``(A) the disclosure of which is likely to damage the interests of the United States; ``(B) that is materially related to the study of an emerging or foundational technology identified by the Department of Commerce; and ``(C) for which the interest of the public in disclosure does not outweigh the interests described in subparagraph (A).''. | To modify the Freedom of Information Act, and for other purposes. SEC. 2. FOIA REQUESTS. Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by inserting ``or paragraph (9)'' after ``subparagraph (E)''; and (B) by adding at the end the following: ``(9)(A) Except as provided in subparagraph (D), an agency may not make any record available under this subsection to any requester that-- ``(i) is an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence; ``(ii) is an entity that does not have a principal place of business or headquarters located in a State, the District of Columbia, or any territory or possession of the United States; or ``(iii) is an entity that is a subsidiary of an entity with a principal place of business or headquarters located in-- ``(I) the People's Republic of China; ``(II) the Russian Federation; ``(III) the Democratic People's Republic of Korea; ``(IV) the Islamic Republic of Iran; ``(V) the Republic of Cuba; ``(VI) the Syrian Arab Republic; or ``(VII) the regime of Nicolas Maduro in Venezuela. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). ``(10) Notwithstanding any other provision of this section, an agency may determine the manner in which a request is fulfilled under this subsection if the agency has a reasonable belief that fulfilling the request in the manner requested by the requester-- ``(A) is likely to result in the exposure of material or information that is not responsive to the request, including any data describing the structure, data elements, interrelationships, or other characteristics of electronic records otherwise responsive to the request; or ``(B) poses a material security risk to the agency or another entity in the Federal Government. | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``First Opportunity for Information to Americans Act'' or the ``FOIA Fix Act''. SEC. 2. FOIA REQUESTS. Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by inserting ``or paragraph (9)'' after ``subparagraph (E)''; and (B) by adding at the end the following: ``(9)(A) Except as provided in subparagraph (D), an agency may not make any record available under this subsection to any requester that-- ``(i) is an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence; ``(ii) is an entity that does not have a principal place of business or headquarters located in a State, the District of Columbia, or any territory or possession of the United States; or ``(iii) is an entity that is a subsidiary of an entity with a principal place of business or headquarters located in-- ``(I) the People's Republic of China; ``(II) the Russian Federation; ``(III) the Democratic People's Republic of Korea; ``(IV) the Islamic Republic of Iran; ``(V) the Republic of Cuba; ``(VI) the Syrian Arab Republic; or ``(VII) the regime of Nicolas Maduro in Venezuela. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. ``(10) Notwithstanding any other provision of this section, an agency may determine the manner in which a request is fulfilled under this subsection if the agency has a reasonable belief that fulfilling the request in the manner requested by the requester-- ``(A) is likely to result in the exposure of material or information that is not responsive to the request, including any data describing the structure, data elements, interrelationships, or other characteristics of electronic records otherwise responsive to the request; or ``(B) poses a material security risk to the agency or another entity in the Federal Government.''; and (2) in subsection (b)-- (A) in paragraph (8), by striking ``or'' at the end; and (B) in paragraph (9), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(10) records or information, such as blueprints, schematics, formulae, technical expertise, or other similar information that is susceptible to reverse engineering-- ``(A) the disclosure of which is likely to damage the interests of the United States; ``(B) that is materially related to the study of an emerging or foundational technology identified by the Department of Commerce; and ``(C) for which the interest of the public in disclosure does not outweigh the interests described in subparagraph (A).''. <all> | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``First Opportunity for Information to Americans Act'' or the ``FOIA Fix Act''. SEC. 2. FOIA REQUESTS. Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by inserting ``or paragraph (9)'' after ``subparagraph (E)''; and (B) by adding at the end the following: ``(9)(A) Except as provided in subparagraph (D), an agency may not make any record available under this subsection to any requester that-- ``(i) is an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence; ``(ii) is an entity that does not have a principal place of business or headquarters located in a State, the District of Columbia, or any territory or possession of the United States; or ``(iii) is an entity that is a subsidiary of an entity with a principal place of business or headquarters located in-- ``(I) the People's Republic of China; ``(II) the Russian Federation; ``(III) the Democratic People's Republic of Korea; ``(IV) the Islamic Republic of Iran; ``(V) the Republic of Cuba; ``(VI) the Syrian Arab Republic; or ``(VII) the regime of Nicolas Maduro in Venezuela. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. ``(10) Notwithstanding any other provision of this section, an agency may determine the manner in which a request is fulfilled under this subsection if the agency has a reasonable belief that fulfilling the request in the manner requested by the requester-- ``(A) is likely to result in the exposure of material or information that is not responsive to the request, including any data describing the structure, data elements, interrelationships, or other characteristics of electronic records otherwise responsive to the request; or ``(B) poses a material security risk to the agency or another entity in the Federal Government.''; and (2) in subsection (b)-- (A) in paragraph (8), by striking ``or'' at the end; and (B) in paragraph (9), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(10) records or information, such as blueprints, schematics, formulae, technical expertise, or other similar information that is susceptible to reverse engineering-- ``(A) the disclosure of which is likely to damage the interests of the United States; ``(B) that is materially related to the study of an emerging or foundational technology identified by the Department of Commerce; and ``(C) for which the interest of the public in disclosure does not outweigh the interests described in subparagraph (A).''. <all> | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). | To modify the Freedom of Information Act, and for other purposes. ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. | To modify the Freedom of Information Act, and for other purposes. ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). | To modify the Freedom of Information Act, and for other purposes. ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). | To modify the Freedom of Information Act, and for other purposes. ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). | To modify the Freedom of Information Act, and for other purposes. ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. | To modify the Freedom of Information Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). | 532 |
575 | 13,903 | H.R.818 | Agriculture and Food | Giving Increased Variety to Ensure Milk Into the Lives of Kids Act or the GIVE MILK Act
This bill revises the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to allow WIC participants (or the parent or guardian of such participants) to elect to be issued nonfat milk, 1% low-fat milk, 2% reduced-fat milk, or whole milk. | To amend the Child Nutrition Act of 1966 to allow certain participants
in the special supplemental nutrition program for women, infants, and
children to elect to be issued a variety of types of milk, including
whole milk, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Giving Increased Variety to Ensure
Milk Into the Lives of Kids Act'' or the ``GIVE MILK Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Most Americans, including most children and
adolescents, consume on average only about half of the
recommended amounts of dairy foods daily.
(2) Milk is a source of many nutrients essential to health,
and is the leading source of and is a source of twelve
essential nutrients (calcium, phosphorus, vitamin A, vitamin D
(in fortified products), riboflavin, vitamin B12, protein,
potassium, zinc, choline, magnesium, and selenium) in the diets
of children and adolescents, including three nutrients of
public health concern: vitamin D, calcium, and potassium.
(3) Dairy foods are associated with improved bone health, a
lower risk of type 2 diabetes, a beneficial or neutral effect
on blood pressure, and may help reduce the risk of
cardiovascular disease, coronary heart disease, and stroke.
(4) In a September 2019 report on beverage recommendations
for early childhood, the Academy of Nutrition and Dietetics,
American Academy of Pediatric Dentists, American Academy of
Pediatrics, and the American Heart Association found that--
(A) medical professionals are in agreement that
whole milk is good for childhood development between
ages one and two;
(B) skim and low-fat milk are recommended for young
children;
(C) plant-based, non-dairy milks are not
recommended for young children; and
(D) an expert panel under the study recognized that
there has been recent research and discussion regarding
the role of dairy fat in healthy dietary patterns but
in the absence of clear evidence justifying a departure
from current recommendations, such expert panel chose
to remain consistent with current guidance recommending
whole milk for most children ages 12 to 24 months and
fat-free (skim) or low-fat (1 percent) milk for
children ages 2 years and older.
(5) The 2020 through 2025 Dietary Guidelines for Americans
recommendation of the number of dairy servings for young
children is--
(A) 1.5 to 2 servings for 12 to 23 months; and
(B) 2 servings for 24 months.
SEC. 3. WIC ELECTION FOR TYPE OF MILK.
(a) Election for Type of Milk.--Section 17(f) of the Child
Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the
end the following:
``(27) Election for type of milk.--
``(A) In general.--Notwithstanding any other
provision of law, in the case of an individual
participating in the program authorized by this section
who is issued milk by the Secretary, such individual
(or the parent or guardian of such individual) may
elect to be issued nonfat milk, low-fat milk, reduced
fat milk, or whole milk.
``(B) Election.--The Secretary shall issue the type
of milk elected by an individual under subparagraph (A)
to such individual.''.
(b) Revision of Regulations.--The Secretary of Agriculture shall
revise regulations in accordance with the amendments made by this
section, including revision of section 246.10 of title 7, Code of
Federal Regulations.
<all> | GIVE MILK Act | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. | GIVE MILK Act
Giving Increased Variety to Ensure Milk Into the Lives of Kids Act | Rep. Keller, Fred | R | PA | This bill revises the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to allow WIC participants (or the parent or guardian of such participants) to elect to be issued nonfat milk, 1% low-fat milk, 2% reduced-fat milk, or whole milk. | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Giving Increased Variety to Ensure Milk Into the Lives of Kids Act'' or the ``GIVE MILK Act''. 2. FINDINGS. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. (2) Milk is a source of many nutrients essential to health, and is the leading source of and is a source of twelve essential nutrients (calcium, phosphorus, vitamin A, vitamin D (in fortified products), riboflavin, vitamin B12, protein, potassium, zinc, choline, magnesium, and selenium) in the diets of children and adolescents, including three nutrients of public health concern: vitamin D, calcium, and potassium. (3) Dairy foods are associated with improved bone health, a lower risk of type 2 diabetes, a beneficial or neutral effect on blood pressure, and may help reduce the risk of cardiovascular disease, coronary heart disease, and stroke. (4) In a September 2019 report on beverage recommendations for early childhood, the Academy of Nutrition and Dietetics, American Academy of Pediatric Dentists, American Academy of Pediatrics, and the American Heart Association found that-- (A) medical professionals are in agreement that whole milk is good for childhood development between ages one and two; (B) skim and low-fat milk are recommended for young children; (C) plant-based, non-dairy milks are not recommended for young children; and (D) an expert panel under the study recognized that there has been recent research and discussion regarding the role of dairy fat in healthy dietary patterns but in the absence of clear evidence justifying a departure from current recommendations, such expert panel chose to remain consistent with current guidance recommending whole milk for most children ages 12 to 24 months and fat-free (skim) or low-fat (1 percent) milk for children ages 2 years and older. (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. SEC. 3. WIC ELECTION FOR TYPE OF MILK. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. (b) Revision of Regulations.--The Secretary of Agriculture shall revise regulations in accordance with the amendments made by this section, including revision of section 246.10 of title 7, Code of Federal Regulations. | This Act may be cited as the ``Giving Increased Variety to Ensure Milk Into the Lives of Kids Act'' or the ``GIVE MILK Act''. 2. FINDINGS. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. (2) Milk is a source of many nutrients essential to health, and is the leading source of and is a source of twelve essential nutrients (calcium, phosphorus, vitamin A, vitamin D (in fortified products), riboflavin, vitamin B12, protein, potassium, zinc, choline, magnesium, and selenium) in the diets of children and adolescents, including three nutrients of public health concern: vitamin D, calcium, and potassium. (3) Dairy foods are associated with improved bone health, a lower risk of type 2 diabetes, a beneficial or neutral effect on blood pressure, and may help reduce the risk of cardiovascular disease, coronary heart disease, and stroke. (4) In a September 2019 report on beverage recommendations for early childhood, the Academy of Nutrition and Dietetics, American Academy of Pediatric Dentists, American Academy of Pediatrics, and the American Heart Association found that-- (A) medical professionals are in agreement that whole milk is good for childhood development between ages one and two; (B) skim and low-fat milk are recommended for young children; (C) plant-based, non-dairy milks are not recommended for young children; and (D) an expert panel under the study recognized that there has been recent research and discussion regarding the role of dairy fat in healthy dietary patterns but in the absence of clear evidence justifying a departure from current recommendations, such expert panel chose to remain consistent with current guidance recommending whole milk for most children ages 12 to 24 months and fat-free (skim) or low-fat (1 percent) milk for children ages 2 years and older. SEC. 3. WIC ELECTION FOR TYPE OF MILK. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. (b) Revision of Regulations.--The Secretary of Agriculture shall revise regulations in accordance with the amendments made by this section, including revision of section 246.10 of title 7, Code of Federal Regulations. | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Giving Increased Variety to Ensure Milk Into the Lives of Kids Act'' or the ``GIVE MILK Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. (2) Milk is a source of many nutrients essential to health, and is the leading source of and is a source of twelve essential nutrients (calcium, phosphorus, vitamin A, vitamin D (in fortified products), riboflavin, vitamin B12, protein, potassium, zinc, choline, magnesium, and selenium) in the diets of children and adolescents, including three nutrients of public health concern: vitamin D, calcium, and potassium. (3) Dairy foods are associated with improved bone health, a lower risk of type 2 diabetes, a beneficial or neutral effect on blood pressure, and may help reduce the risk of cardiovascular disease, coronary heart disease, and stroke. (4) In a September 2019 report on beverage recommendations for early childhood, the Academy of Nutrition and Dietetics, American Academy of Pediatric Dentists, American Academy of Pediatrics, and the American Heart Association found that-- (A) medical professionals are in agreement that whole milk is good for childhood development between ages one and two; (B) skim and low-fat milk are recommended for young children; (C) plant-based, non-dairy milks are not recommended for young children; and (D) an expert panel under the study recognized that there has been recent research and discussion regarding the role of dairy fat in healthy dietary patterns but in the absence of clear evidence justifying a departure from current recommendations, such expert panel chose to remain consistent with current guidance recommending whole milk for most children ages 12 to 24 months and fat-free (skim) or low-fat (1 percent) milk for children ages 2 years and older. (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. SEC. 3. WIC ELECTION FOR TYPE OF MILK. (a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. (b) Revision of Regulations.--The Secretary of Agriculture shall revise regulations in accordance with the amendments made by this section, including revision of section 246.10 of title 7, Code of Federal Regulations. <all> | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Giving Increased Variety to Ensure Milk Into the Lives of Kids Act'' or the ``GIVE MILK Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. (2) Milk is a source of many nutrients essential to health, and is the leading source of and is a source of twelve essential nutrients (calcium, phosphorus, vitamin A, vitamin D (in fortified products), riboflavin, vitamin B12, protein, potassium, zinc, choline, magnesium, and selenium) in the diets of children and adolescents, including three nutrients of public health concern: vitamin D, calcium, and potassium. (3) Dairy foods are associated with improved bone health, a lower risk of type 2 diabetes, a beneficial or neutral effect on blood pressure, and may help reduce the risk of cardiovascular disease, coronary heart disease, and stroke. (4) In a September 2019 report on beverage recommendations for early childhood, the Academy of Nutrition and Dietetics, American Academy of Pediatric Dentists, American Academy of Pediatrics, and the American Heart Association found that-- (A) medical professionals are in agreement that whole milk is good for childhood development between ages one and two; (B) skim and low-fat milk are recommended for young children; (C) plant-based, non-dairy milks are not recommended for young children; and (D) an expert panel under the study recognized that there has been recent research and discussion regarding the role of dairy fat in healthy dietary patterns but in the absence of clear evidence justifying a departure from current recommendations, such expert panel chose to remain consistent with current guidance recommending whole milk for most children ages 12 to 24 months and fat-free (skim) or low-fat (1 percent) milk for children ages 2 years and older. (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. SEC. 3. WIC ELECTION FOR TYPE OF MILK. (a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. (b) Revision of Regulations.--The Secretary of Agriculture shall revise regulations in accordance with the amendments made by this section, including revision of section 246.10 of title 7, Code of Federal Regulations. <all> | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( 5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. WIC ELECTION FOR TYPE OF MILK. ( 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. ( | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( 5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. WIC ELECTION FOR TYPE OF MILK. ( 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. ( | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( 5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. WIC ELECTION FOR TYPE OF MILK. ( 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. ( | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( 5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. WIC ELECTION FOR TYPE OF MILK. ( 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. ( | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. | To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. ( 5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. WIC ELECTION FOR TYPE OF MILK. ( 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. ( | 565 |
581 | 8,446 | H.R.1917 | Emergency Management | Hazard Eligibility and Local Projects Act
This act makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress.
Specifically, this act covers a project that
The Federal Emergency Management Agency (FEMA) must have determined that the project qualifies for a categorical exclusion, is compliant with applicable floodplain management and protection of wetland regulations and criteria, and does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances.
FEMA must report to Congress, within 180 days of enactment and annually thereafter for three years, on use of the authority under this act.
Such authority terminates three years after enactment. | [117th Congress Public Law 332]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6119]]
Public Law 117-332
117th Congress
An Act
To modify eligibility requirements for certain hazard mitigation
assistance programs, and for other purposes. <<NOTE: Jan. 5,
2023 - [H.R. 1917]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Hazard
Eligibility and Local Projects Act. 42 USC 5170c note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazard Eligibility and Local Projects
Act''.
SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND
DEMOLITION ASSISTANCE PROJECTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Covered project.--The term ``covered project'' means a
project that--
(A) is an acquisition and demolition project for
which an entity began implementation, including planning
or construction, before or after requesting assistance
for the project under a hazard mitigation assistance
program; and
(B) qualifies for a categorical exclusion under the
National Environmental Policy Act of 1969 ( 42 U.S.C.
4321 et seq.).
(3) Hazard mitigation assistance program.--The term ``hazard
mitigation assistance program'' means--
(A) any grant program authorized under section 203
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133);
(B) the hazard mitigation grant program authorized
under section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c);
and
(C) the flood mitigation assistance program
authorized under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c).
(b) Eligibility for Assistance for Covered Projects.--
(1) In general.--An entity seeking assistance under a hazard
mitigation assistance program may be eligible to receive that
assistance for a covered project if--
(A) the entity--
(i) complies with all other eligibility
requirements of the hazard mitigation assistance
program for acquisition or demolition projects,
including extinguishing all incompatible
encumbrances; and
[[Page 136 STAT. 6120]]
(ii) complies with all Federal requirements
for the covered project; and
(B) <<NOTE: Determination.>> the Administrator
determines that the covered project--
(i) qualifies for a categorical exclusion
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(ii) is compliant with applicable floodplain
management and protection of wetland regulations
and criteria; and
(iii) does not require consultation under any
other environmental or historic preservation law
or regulation or involve any extraordinary
circumstances.
(2) Costs incurred.--An entity seeking assistance under a
hazard mitigation assistance program shall be responsible for
any project costs incurred by the entity for a covered project
if the covered project is not awarded, or is determined to be
ineligible for, assistance.
(c) Applicability.--This Act shall apply to covered projects started
on or after the date of enactment of this Act.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter for 3 years, the Administrator shall
submit to Congress a report on use of the authority under this Act,
including--
(1) how many applicants used the authority;
(2) how many applicants using the authority successfully
obtained a grant;
(3) how many applicants were not able to successfully obtain
a grant;
(4) the reasons applicants were not able to obtain a grant;
and
(5) the extent to which applicants using the authority were
able to comply with all necessary Federal environmental,
historic preservation, and other related laws and regulations.
(e) Termination.--The authority provided under this Act shall cease
to be effective on the date that is 3 years after the date of enactment
of this Act.
Approved January 5, 2023.
LEGISLATIVE HISTORY--H.R. 1917 (S. 1877):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 117-170, Pt. 1 (Comm. on Transportation and
Infrastructure).
SENATE REPORTS: No. 117-205 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 1877.
CONGRESSIONAL RECORD:
Vol. 167 (2021):
Nov. 3, 4, considered and passed
House.
Vol. 168 (2022):
Dec. 14, considered and passed
Senate, amended.
Dec. 21, House concurred in Senate
amendment.
<all> | Hazard Eligibility and Local Projects Act | To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes. | Hazard Eligibility and Local Projects Act
Hazard Eligibility and Local Projects Act
Hazard Eligibility and Local Projects Act | Rep. Fletcher, Lizzie | D | TX | This act makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress. Specifically, this act covers a project that The Federal Emergency Management Agency (FEMA) must have determined that the project qualifies for a categorical exclusion, is compliant with applicable floodplain management and protection of wetland regulations and criteria, and does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. FEMA must report to Congress, within 180 days of enactment and annually thereafter for three years, on use of the authority under this act. Such authority terminates three years after enactment. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 6119]] Public Law 117-332 117th Congress An Act To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes. 1917]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Hazard Eligibility and Local Projects Act. SHORT TITLE. This Act may be cited as the ``Hazard Eligibility and Local Projects Act''. SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. 4321 et seq.). (3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). 6120]] (ii) complies with all Federal requirements for the covered project; and (B) <<NOTE: Determination.>> the Administrator determines that the covered project-- (i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. ); (ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. (2) Costs incurred.--An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance. (c) Applicability.--This Act shall apply to covered projects started on or after the date of enactment of this Act. (d) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Administrator shall submit to Congress a report on use of the authority under this Act, including-- (1) how many applicants used the authority; (2) how many applicants using the authority successfully obtained a grant; (3) how many applicants were not able to successfully obtain a grant; (4) the reasons applicants were not able to obtain a grant; and (5) the extent to which applicants using the authority were able to comply with all necessary Federal environmental, historic preservation, and other related laws and regulations. (e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. Approved January 5, 2023. LEGISLATIVE HISTORY--H.R. 1917 (S. 1877): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-170, Pt. 1 (Comm. on Transportation and Infrastructure). SENATE REPORTS: No. 117-205 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 1877. CONGRESSIONAL RECORD: Vol. 167 (2021): Nov. 3, 4, considered and passed House. Vol. 168 (2022): Dec. 14, considered and passed Senate, amended. Dec. 21, House concurred in Senate amendment. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. SHORT TITLE. This Act may be cited as the ``Hazard Eligibility and Local Projects Act''. SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. 4321 et seq.). (3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4104c). 6120]] (ii) complies with all Federal requirements for the covered project; and (B) <<NOTE: Determination.>> the Administrator determines that the covered project-- (i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. (2) Costs incurred.--An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance. (d) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Administrator shall submit to Congress a report on use of the authority under this Act, including-- (1) how many applicants used the authority; (2) how many applicants using the authority successfully obtained a grant; (3) how many applicants were not able to successfully obtain a grant; (4) the reasons applicants were not able to obtain a grant; and (5) the extent to which applicants using the authority were able to comply with all necessary Federal environmental, historic preservation, and other related laws and regulations. (e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. Approved January 5, 2023. LEGISLATIVE HISTORY--H.R. 1917 (S. 1877): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-170, Pt. 1 (Comm. on Transportation and Infrastructure). SENATE REPORTS: No. on Homeland Security and Governmental Affairs) accompanying S. 1877. Vol. 168 (2022): Dec. 14, considered and passed Senate, amended. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 6119]] Public Law 117-332 117th Congress An Act To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes. <<NOTE: Jan. 5, 2023 - [H.R. 1917]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Hazard Eligibility and Local Projects Act. 42 USC 5170c note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazard Eligibility and Local Projects Act''. SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). (b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. 6120]] (ii) complies with all Federal requirements for the covered project; and (B) <<NOTE: Determination.>> the Administrator determines that the covered project-- (i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. (2) Costs incurred.--An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance. (c) Applicability.--This Act shall apply to covered projects started on or after the date of enactment of this Act. (d) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Administrator shall submit to Congress a report on use of the authority under this Act, including-- (1) how many applicants used the authority; (2) how many applicants using the authority successfully obtained a grant; (3) how many applicants were not able to successfully obtain a grant; (4) the reasons applicants were not able to obtain a grant; and (5) the extent to which applicants using the authority were able to comply with all necessary Federal environmental, historic preservation, and other related laws and regulations. (e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. Approved January 5, 2023. LEGISLATIVE HISTORY--H.R. 1917 (S. 1877): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-170, Pt. 1 (Comm. on Transportation and Infrastructure). SENATE REPORTS: No. 117-205 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 1877. CONGRESSIONAL RECORD: Vol. 167 (2021): Nov. 3, 4, considered and passed House. Vol. 168 (2022): Dec. 14, considered and passed Senate, amended. Dec. 21, House concurred in Senate amendment. <all> | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 6119]] Public Law 117-332 117th Congress An Act To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes. <<NOTE: Jan. 5, 2023 - [H.R. 1917]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Hazard Eligibility and Local Projects Act. 42 USC 5170c note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazard Eligibility and Local Projects Act''. SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). (b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. 6120]] (ii) complies with all Federal requirements for the covered project; and (B) <<NOTE: Determination.>> the Administrator determines that the covered project-- (i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. (2) Costs incurred.--An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance. (c) Applicability.--This Act shall apply to covered projects started on or after the date of enactment of this Act. (d) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Administrator shall submit to Congress a report on use of the authority under this Act, including-- (1) how many applicants used the authority; (2) how many applicants using the authority successfully obtained a grant; (3) how many applicants were not able to successfully obtain a grant; (4) the reasons applicants were not able to obtain a grant; and (5) the extent to which applicants using the authority were able to comply with all necessary Federal environmental, historic preservation, and other related laws and regulations. (e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. Approved January 5, 2023. LEGISLATIVE HISTORY--H.R. 1917 (S. 1877): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-170, Pt. 1 (Comm. on Transportation and Infrastructure). SENATE REPORTS: No. 117-205 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 1877. CONGRESSIONAL RECORD: Vol. 167 (2021): Nov. 3, 4, considered and passed House. Vol. 168 (2022): Dec. 14, considered and passed Senate, amended. Dec. 21, House concurred in Senate amendment. <all> | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). ( b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. 167 (2021): Nov. 3, 4, considered and passed House. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. ( 2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). ( ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. ( 167 (2021): Nov. 3, 4, considered and passed House. Dec. 21, House concurred in Senate amendment. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. ( 2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). ( ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. ( 167 (2021): Nov. 3, 4, considered and passed House. Dec. 21, House concurred in Senate amendment. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). ( b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. 167 (2021): Nov. 3, 4, considered and passed House. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. ( 2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). ( ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. ( 167 (2021): Nov. 3, 4, considered and passed House. Dec. 21, House concurred in Senate amendment. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). ( b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. 167 (2021): Nov. 3, 4, considered and passed House. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. ( 2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). ( ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. ( 167 (2021): Nov. 3, 4, considered and passed House. Dec. 21, House concurred in Senate amendment. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). ( b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. 167 (2021): Nov. 3, 4, considered and passed House. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. ( 2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). ( ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. ( 167 (2021): Nov. 3, 4, considered and passed House. Dec. 21, House concurred in Senate amendment. | [117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). ( b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. 167 (2021): Nov. 3, 4, considered and passed House. | 678 |
585 | 14,506 | H.R.7595 | Immigration | Victims Of Immigration Crime Engagement Restoration Act or as the VOICE Restoration Act
This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status. | To establish the Victims of Immigration Crime Engagement Office within
the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims Of Immigration Crime
Engagement Restoration Act'' or as the ``VOICE Restoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In April 2017, the United States Department of Homeland
Security launched the U.S. Immigration and Customs Enforcement
(ICE) Victims of Immigration Crime Engagement Office (VOICE) in
response to the Executive Order 13768 issued by President
Donald J. Trump entitled Enhancing Public Safety in the
Interior of the United States, which directed DHS to create an
office to support victims of crimes committed by criminal
aliens.
(2) In June 2021, the United States Department of Homeland
Security terminated VOICE pursuant to the Executive order on
the Revision of Civil Immigration Enforcement Policies and
Priorities issued by President R. Joseph Jr.
SEC. 3. VICTIMS OF IMMIGRATION CRIME ENGAGEMENT OFFICE.
(a) Establishment.----There is established the Victims of
Immigration Crime Engagement Office (hereinafter in this Act referred
to as ``VOICE'') within the U.S. Immigration and Customs Enforcement,
which shall provide assistance to victims of crimes committed by aliens
present in the United States without lawful status under the
immigration laws, in addition to witnesses and legal representatives of
individuals acting at the request of a victim or witness.
(b) Duties.--The duties of VOICE are to do the following:
(1) Use a victim-centered approach to acknowledge and
support persons who are victims or witnesses described in
subsection (a) and their families.
(2) Promote awareness of available services to such
persons.
(3) Build collaborative partnerships with community
stakeholders assisting such persons.
(c) Assistance.--- The types of assistance authorized to be
provided by VOICE to such persons impacted by crimes committed by
aliens described in subsection (a) includes--
(1) the establishment and operation of a dedicated toll-
free VOICE Hotline to answer questions from victims;
(2) local contacts to help with unique requests from such
persons;
(3) access to social service professionals able to refer
victims to resources and service providers;
(4) assistance signing up to receive automated custody
status information regarding an alien described in subsection
(a) held in custody; and
(5) additional criminal or immigration history may be
available about an illegal alien to victims or their families.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, VOICE shall publish quarterly reports to
Congress, the Secretary of Homeland Security, and the President of the
United States studying the effects of the victimization by aliens
described in subsection (a) present in the United States.
<all> | Victims Of Immigration Crime Engagement Restoration Act | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. | VOICE Restoration Act
Victims Of Immigration Crime Engagement Restoration Act | Rep. Bergman, Jack | R | MI | This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status. | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Of Immigration Crime Engagement Restoration Act'' or as the ``VOICE Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. (2) In June 2021, the United States Department of Homeland Security terminated VOICE pursuant to the Executive order on the Revision of Civil Immigration Enforcement Policies and Priorities issued by President R. Joseph Jr. SEC. 3. VICTIMS OF IMMIGRATION CRIME ENGAGEMENT OFFICE. (a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. (2) Promote awareness of available services to such persons. (3) Build collaborative partnerships with community stakeholders assisting such persons. (c) Assistance.--- The types of assistance authorized to be provided by VOICE to such persons impacted by crimes committed by aliens described in subsection (a) includes-- (1) the establishment and operation of a dedicated toll- free VOICE Hotline to answer questions from victims; (2) local contacts to help with unique requests from such persons; (3) access to social service professionals able to refer victims to resources and service providers; (4) assistance signing up to receive automated custody status information regarding an alien described in subsection (a) held in custody; and (5) additional criminal or immigration history may be available about an illegal alien to victims or their families. (d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. <all> | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Of Immigration Crime Engagement Restoration Act'' or as the ``VOICE Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. (2) In June 2021, the United States Department of Homeland Security terminated VOICE pursuant to the Executive order on the Revision of Civil Immigration Enforcement Policies and Priorities issued by President R. Joseph Jr. SEC. 3. VICTIMS OF IMMIGRATION CRIME ENGAGEMENT OFFICE. (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. (2) Promote awareness of available services to such persons. (3) Build collaborative partnerships with community stakeholders assisting such persons. (c) Assistance.--- The types of assistance authorized to be provided by VOICE to such persons impacted by crimes committed by aliens described in subsection (a) includes-- (1) the establishment and operation of a dedicated toll- free VOICE Hotline to answer questions from victims; (2) local contacts to help with unique requests from such persons; (3) access to social service professionals able to refer victims to resources and service providers; (4) assistance signing up to receive automated custody status information regarding an alien described in subsection (a) held in custody; and (5) additional criminal or immigration history may be available about an illegal alien to victims or their families. (d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Of Immigration Crime Engagement Restoration Act'' or as the ``VOICE Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. (2) In June 2021, the United States Department of Homeland Security terminated VOICE pursuant to the Executive order on the Revision of Civil Immigration Enforcement Policies and Priorities issued by President R. Joseph Jr. SEC. 3. VICTIMS OF IMMIGRATION CRIME ENGAGEMENT OFFICE. (a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. (2) Promote awareness of available services to such persons. (3) Build collaborative partnerships with community stakeholders assisting such persons. (c) Assistance.--- The types of assistance authorized to be provided by VOICE to such persons impacted by crimes committed by aliens described in subsection (a) includes-- (1) the establishment and operation of a dedicated toll- free VOICE Hotline to answer questions from victims; (2) local contacts to help with unique requests from such persons; (3) access to social service professionals able to refer victims to resources and service providers; (4) assistance signing up to receive automated custody status information regarding an alien described in subsection (a) held in custody; and (5) additional criminal or immigration history may be available about an illegal alien to victims or their families. (d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. <all> | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Of Immigration Crime Engagement Restoration Act'' or as the ``VOICE Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. (2) In June 2021, the United States Department of Homeland Security terminated VOICE pursuant to the Executive order on the Revision of Civil Immigration Enforcement Policies and Priorities issued by President R. Joseph Jr. SEC. 3. VICTIMS OF IMMIGRATION CRIME ENGAGEMENT OFFICE. (a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. (2) Promote awareness of available services to such persons. (3) Build collaborative partnerships with community stakeholders assisting such persons. (c) Assistance.--- The types of assistance authorized to be provided by VOICE to such persons impacted by crimes committed by aliens described in subsection (a) includes-- (1) the establishment and operation of a dedicated toll- free VOICE Hotline to answer questions from victims; (2) local contacts to help with unique requests from such persons; (3) access to social service professionals able to refer victims to resources and service providers; (4) assistance signing up to receive automated custody status information regarding an alien described in subsection (a) held in custody; and (5) additional criminal or immigration history may be available about an illegal alien to victims or their families. (d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. <all> | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. ( (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. ( 2) Promote awareness of available services to such persons. ( | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. ( d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. ( d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. ( (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. ( 2) Promote awareness of available services to such persons. ( | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. ( d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. ( (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. ( 2) Promote awareness of available services to such persons. ( | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. ( d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. ( (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. ( 2) Promote awareness of available services to such persons. ( | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. ( d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. | To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. ( (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. ( 2) Promote awareness of available services to such persons. ( | 461 |
586 | 4,328 | S.4584 | Public Lands and Natural Resources | Canyon's Law
This bill prohibits the preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land. An M-44 device is defined as a device designed to propel sodium cyanide when triggered by an animal, including any device that may be commonly known as an M-44 ejector device or an M-44 predator control device.
No later than 30 days after the enactment of this bill, any federal, state, or county agency that has prepared, placed, installed, set, or deployed an M-44 device on public land shall remove each such device from such land. | To prohibit the use of M-44 devices, commonly known as ``cyanide
bombs'', on public land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Canyon's Law''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Sodium cyanide is the highly toxic pesticide active
ingredient used in M-44 devices, also known as ``cyanide
bombs'', and is used to kill wolves, coyotes, foxes, and wild
dogs suspected of preying on livestock and poultry.
(2) Sodium cyanide is registered for restricted use under
the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) as a Category One acute toxicant, the most
hazardous Environmental Protection Agency classification
available, due to the harm it poses to people and the
environment.
(3) Poisoning by sodium cyanide leads to central nervous
system depression, cardiac arrest, respiratory failure,
paralysis, and blindness.
(4) The Environmental Protection Agency authorizes the use
of M-44 devices nationwide, and in recent years, M-44s were
used in Colorado, Idaho, North Dakota, Nebraska, New Mexico,
Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and
Wyoming.
(5) In 2017, an M-44 device exposed an Idaho child to a
sublethal dose of sodium cyanide with subsequent short-term and
long-term medical complications. Two Wyoming children were also
exposed to the poison from another M-44 device. Three family
dogs died in these two separate incidents.
(6) The indiscriminate M-44 device commonly harms nontarget
wildlife and people; at least 42 people have accidentally
triggered a cyanide bomb causing exposure to cyanide gas and
injuries since 1984.
(7) M-44 devices kill targeted animals only 53 percent of
the time. Thousands of nontarget species of animals have been
killed by M-44s, including bald eagles, golden eagles, gray
wolves, black bears, grizzly bears, bobcats, fishers, and
family dogs.
(8) Despite the United States Fish and Wildlife Service
determining in 1993 that M-44 devices could kill endangered
species like the California Condor, the use of the M-44
continues in areas where endangered species are found and
continues to result in the deaths of endangered species.
SEC. 3. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED.
(a) In General.--Preparing, placing, installing, setting,
deploying, or otherwise using an M-44 device on public land is
prohibited.
(b) Removal.--Not later than 30 days after the date of the
enactment of this Act, any Federal, State, or county agency that has
prepared, placed, installed, set, or deployed an M-44 device on public
land shall remove each such M-44 device from public land.
(c) Definitions.--In this Act:
(1) M-44 device.--
(A) In general.--The term ``M-44 device'' means a
device designed to propel sodium cyanide when triggered
by an animal.
(B) Common names.--The term ``M-44 device''
includes any device that may be commonly known as an
``M-44 ejector device'' or an ``M-44 predator control
device''.
(2) Public land.--The term ``public land'' means any
Federal land under the administrative jurisdiction of a public
land management agency.
(3) Public land management agency.--The term ``public land
management agency'' means each of, or a combination of, the
following:
(A) The National Park Service.
(B) The United States Fish and Wildlife Service.
(C) The Bureau of Land Management.
(D) The Bureau of Reclamation.
(E) The Forest Service.
<all> | Canyon’s Law | A bill to prohibit the use of M-44 devices, commonly known as "cyanide bombs", on public land, and for other purposes. | Canyon’s Law | Sen. Merkley, Jeff | D | OR | This bill prohibits the preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land. An M-44 device is defined as a device designed to propel sodium cyanide when triggered by an animal, including any device that may be commonly known as an M-44 ejector device or an M-44 predator control device. No later than 30 days after the enactment of this bill, any federal, state, or county agency that has prepared, placed, installed, set, or deployed an M-44 device on public land shall remove each such device from such 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 ``Canyon's Law''. 2. FINDINGS. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M-44 devices nationwide, and in recent years, M-44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. (5) In 2017, an M-44 device exposed an Idaho child to a sublethal dose of sodium cyanide with subsequent short-term and long-term medical complications. Two Wyoming children were also exposed to the poison from another M-44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M-44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. (7) M-44 devices kill targeted animals only 53 percent of the time. Thousands of nontarget species of animals have been killed by M-44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. SEC. 3. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. (a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. (b) Removal.--Not later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M-44 device on public land shall remove each such M-44 device from public land. (c) Definitions.--In this Act: (1) M-44 device.-- (A) In general.--The term ``M-44 device'' means a device designed to propel sodium cyanide when triggered by an animal. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Canyon's Law''. 2. FINDINGS. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M-44 devices nationwide, and in recent years, M-44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. Two Wyoming children were also exposed to the poison from another M-44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M-44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. Thousands of nontarget species of animals have been killed by M-44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. SEC. 3. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. (c) Definitions.--In this Act: (1) M-44 device.-- (A) In general.--The term ``M-44 device'' means a device designed to propel sodium cyanide when triggered by an animal. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (E) The Forest Service. | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Canyon's Law''. SEC. 2. FINDINGS. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M-44 devices nationwide, and in recent years, M-44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. (5) In 2017, an M-44 device exposed an Idaho child to a sublethal dose of sodium cyanide with subsequent short-term and long-term medical complications. Two Wyoming children were also exposed to the poison from another M-44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M-44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. (7) M-44 devices kill targeted animals only 53 percent of the time. Thousands of nontarget species of animals have been killed by M-44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. SEC. 3. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. (a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. (b) Removal.--Not later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M-44 device on public land shall remove each such M-44 device from public land. (c) Definitions.--In this Act: (1) M-44 device.-- (A) In general.--The term ``M-44 device'' means a device designed to propel sodium cyanide when triggered by an animal. (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. (2) Public land.--The term ``public land'' means any Federal land under the administrative jurisdiction of a public land management agency. (3) Public land management agency.--The term ``public land management agency'' means each of, or a combination of, the following: (A) The National Park Service. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service. <all> | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Canyon's Law''. SEC. 2. FINDINGS. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M-44 devices nationwide, and in recent years, M-44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. (5) In 2017, an M-44 device exposed an Idaho child to a sublethal dose of sodium cyanide with subsequent short-term and long-term medical complications. Two Wyoming children were also exposed to the poison from another M-44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M-44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. (7) M-44 devices kill targeted animals only 53 percent of the time. Thousands of nontarget species of animals have been killed by M-44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. SEC. 3. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. (a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. (b) Removal.--Not later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M-44 device on public land shall remove each such M-44 device from public land. (c) Definitions.--In this Act: (1) M-44 device.-- (A) In general.--The term ``M-44 device'' means a device designed to propel sodium cyanide when triggered by an animal. (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. (2) Public land.--The term ``public land'' means any Federal land under the administrative jurisdiction of a public land management agency. (3) Public land management agency.--The term ``public land management agency'' means each of, or a combination of, the following: (A) The National Park Service. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service. <all> | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( Three family dogs died in these two separate incidents. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( 8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( 8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( Three family dogs died in these two separate incidents. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( 8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( Three family dogs died in these two separate incidents. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( 8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( Three family dogs died in these two separate incidents. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( 8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( D) The Bureau of Reclamation. ( | To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. ( Three family dogs died in these two separate incidents. ( a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. ( (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. ( D) The Bureau of Reclamation. ( | 578 |
587 | 1,187 | S.1137 | Crime and Law Enforcement | Gay and Trans Panic Defense Prohibition Act of 2021
This bill generally prohibits a federal criminal defendant from asserting, as a defense, that the nonviolent sexual advance of an individual or a perception or belief of the gender, gender identify or expression, or sexual orientation of an individual excuses or justifies conduct or mitigates the severity of an offense. | To amend title 18, United States Code, to prohibit gay and trans panic
defenses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gay and Trans Panic Defense
Prohibition Act of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American Bar Association has urged the Federal
Government to take legislative action to curtail the
availability and effectiveness of the ``gay panic'' and ``trans
panic'' defenses, which seek to partially or completely excuse
crimes such as murder and assault on the grounds that the
sexual orientation or gender identity of the victim is
provocation enough for the violent reaction of the defendant;
(2) gay and trans panic legal defenses, which continue to
be raised in criminal proceedings in Federal courts across the
United States, are surprisingly long-lived historical
artifacts, remnants of a time when widespread public antipathy
was the norm for lesbian, gay, bisexual, transgender, and queer
(referred to in this Act as ``LGBTQ'') individuals;
(3) gay and trans panic defenses characterize sexual
orientation and gender identity as objectively reasonable
excuses for loss of self-control, and thereby illegitimately
mitigate the responsibility of a perpetrator for harm done to
LGBTQ individuals;
(4) gay and trans panic defenses appeal to irrational fears
and hatred of LGBTQ individuals, thereby undermining the
legitimacy of Federal criminal prosecutions and resulting in
unjustifiable acquittals or sentencing reductions;
(5) the use of gay and trans panic defenses is entirely
incompatible with the express intent of Federal law to provide
increased protection to victims of bias-motivated crimes,
including crimes committed against LGBTQ individuals;
(6) continued use of these anachronistic defenses
reinforces and institutionalizes prejudice at the expense of
norms of self-control, tolerance, and compassion, which the law
should encourage, and marks an egregious lapse in the march of
the United States toward a more just criminal justice system;
and
(7) to end the antiquated notion that LGBTQ lives are worth
less than others and to reflect modern understanding of LGBTQ
individuals as equal citizens under law, gay and trans panic
defenses must end.
SEC. 3. PROHIBITION ON GAY AND TRANS PANIC DEFENSES.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. Prohibition on gay and trans panic defenses
``(a) Prohibition.--No nonviolent sexual advance or perception or
belief, even if inaccurate, of the gender, gender identity or
expression, or sexual orientation of an individual may be used to
excuse or justify the conduct of an individual or mitigate the severity
of an offense.
``(b) Past Trauma.--Notwithstanding the prohibition in subsection
(a), a court may admit evidence, in accordance with the Federal Rules
of Evidence, of prior trauma to the defendant for the purpose of
excusing or justifying the conduct of the defendant or mitigating the
severity of an offense.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18, United States Code, is amended by adding at the
end the following:
``28. Prohibition on gay and trans panic defenses.''.
(c) Report.--The Attorney General shall submit to Congress an
annual report that details prosecutions in Federal court involving
capital and noncapital crimes committed against LGBTQ individuals that
were motivated by the victim's gender, gender identity or expression,
or sexual orientation.
<all> | Gay and Trans Panic Defense Prohibition Act of 2021 | A bill to amend title 18, United States Code, to prohibit gay and trans panic defenses. | Gay and Trans Panic Defense Prohibition Act of 2021 | Sen. Markey, Edward J. | D | MA | This bill generally prohibits a federal criminal defendant from asserting, as a defense, that the nonviolent sexual advance of an individual or a perception or belief of the gender, gender identify or expression, or sexual orientation of an individual excuses or justifies conduct or mitigates the severity of an offense. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. 2. FINDINGS. Congress finds that-- (1) the American Bar Association has urged the Federal Government to take legislative action to curtail the availability and effectiveness of the ``gay panic'' and ``trans panic'' defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the sexual orientation or gender identity of the victim is provocation enough for the violent reaction of the defendant; (2) gay and trans panic legal defenses, which continue to be raised in criminal proceedings in Federal courts across the United States, are surprisingly long-lived historical artifacts, remnants of a time when widespread public antipathy was the norm for lesbian, gay, bisexual, transgender, and queer (referred to in this Act as ``LGBTQ'') individuals; (3) gay and trans panic defenses characterize sexual orientation and gender identity as objectively reasonable excuses for loss of self-control, and thereby illegitimately mitigate the responsibility of a perpetrator for harm done to LGBTQ individuals; (4) gay and trans panic defenses appeal to irrational fears and hatred of LGBTQ individuals, thereby undermining the legitimacy of Federal criminal prosecutions and resulting in unjustifiable acquittals or sentencing reductions; (5) the use of gay and trans panic defenses is entirely incompatible with the express intent of Federal law to provide increased protection to victims of bias-motivated crimes, including crimes committed against LGBTQ individuals; (6) continued use of these anachronistic defenses reinforces and institutionalizes prejudice at the expense of norms of self-control, tolerance, and compassion, which the law should encourage, and marks an egregious lapse in the march of the United States toward a more just criminal justice system; and (7) to end the antiquated notion that LGBTQ lives are worth less than others and to reflect modern understanding of LGBTQ individuals as equal citizens under law, gay and trans panic defenses must end. 3. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 28. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. (c) Report.--The Attorney General shall submit to Congress an annual report that details prosecutions in Federal court involving capital and noncapital crimes committed against LGBTQ individuals that were motivated by the victim's gender, gender identity or expression, or sexual orientation. | This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. 2. FINDINGS. 3. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 28. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. (c) Report.--The Attorney General shall submit to Congress an annual report that details prosecutions in Federal court involving capital and noncapital crimes committed against LGBTQ individuals that were motivated by the victim's gender, gender identity or expression, or sexual orientation. | To amend title 18, United States Code, to prohibit gay and trans panic defenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) the American Bar Association has urged the Federal Government to take legislative action to curtail the availability and effectiveness of the ``gay panic'' and ``trans panic'' defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the sexual orientation or gender identity of the victim is provocation enough for the violent reaction of the defendant; (2) gay and trans panic legal defenses, which continue to be raised in criminal proceedings in Federal courts across the United States, are surprisingly long-lived historical artifacts, remnants of a time when widespread public antipathy was the norm for lesbian, gay, bisexual, transgender, and queer (referred to in this Act as ``LGBTQ'') individuals; (3) gay and trans panic defenses characterize sexual orientation and gender identity as objectively reasonable excuses for loss of self-control, and thereby illegitimately mitigate the responsibility of a perpetrator for harm done to LGBTQ individuals; (4) gay and trans panic defenses appeal to irrational fears and hatred of LGBTQ individuals, thereby undermining the legitimacy of Federal criminal prosecutions and resulting in unjustifiable acquittals or sentencing reductions; (5) the use of gay and trans panic defenses is entirely incompatible with the express intent of Federal law to provide increased protection to victims of bias-motivated crimes, including crimes committed against LGBTQ individuals; (6) continued use of these anachronistic defenses reinforces and institutionalizes prejudice at the expense of norms of self-control, tolerance, and compassion, which the law should encourage, and marks an egregious lapse in the march of the United States toward a more just criminal justice system; and (7) to end the antiquated notion that LGBTQ lives are worth less than others and to reflect modern understanding of LGBTQ individuals as equal citizens under law, gay and trans panic defenses must end. SEC. 3. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 28. Prohibition on gay and trans panic defenses ``(a) Prohibition.--No nonviolent sexual advance or perception or belief, even if inaccurate, of the gender, gender identity or expression, or sexual orientation of an individual may be used to excuse or justify the conduct of an individual or mitigate the severity of an offense. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``28. Prohibition on gay and trans panic defenses.''. (c) Report.--The Attorney General shall submit to Congress an annual report that details prosecutions in Federal court involving capital and noncapital crimes committed against LGBTQ individuals that were motivated by the victim's gender, gender identity or expression, or sexual orientation. <all> | To amend title 18, United States Code, to prohibit gay and trans panic defenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) the American Bar Association has urged the Federal Government to take legislative action to curtail the availability and effectiveness of the ``gay panic'' and ``trans panic'' defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the sexual orientation or gender identity of the victim is provocation enough for the violent reaction of the defendant; (2) gay and trans panic legal defenses, which continue to be raised in criminal proceedings in Federal courts across the United States, are surprisingly long-lived historical artifacts, remnants of a time when widespread public antipathy was the norm for lesbian, gay, bisexual, transgender, and queer (referred to in this Act as ``LGBTQ'') individuals; (3) gay and trans panic defenses characterize sexual orientation and gender identity as objectively reasonable excuses for loss of self-control, and thereby illegitimately mitigate the responsibility of a perpetrator for harm done to LGBTQ individuals; (4) gay and trans panic defenses appeal to irrational fears and hatred of LGBTQ individuals, thereby undermining the legitimacy of Federal criminal prosecutions and resulting in unjustifiable acquittals or sentencing reductions; (5) the use of gay and trans panic defenses is entirely incompatible with the express intent of Federal law to provide increased protection to victims of bias-motivated crimes, including crimes committed against LGBTQ individuals; (6) continued use of these anachronistic defenses reinforces and institutionalizes prejudice at the expense of norms of self-control, tolerance, and compassion, which the law should encourage, and marks an egregious lapse in the march of the United States toward a more just criminal justice system; and (7) to end the antiquated notion that LGBTQ lives are worth less than others and to reflect modern understanding of LGBTQ individuals as equal citizens under law, gay and trans panic defenses must end. SEC. 3. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 28. Prohibition on gay and trans panic defenses ``(a) Prohibition.--No nonviolent sexual advance or perception or belief, even if inaccurate, of the gender, gender identity or expression, or sexual orientation of an individual may be used to excuse or justify the conduct of an individual or mitigate the severity of an offense. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``28. Prohibition on gay and trans panic defenses.''. (c) Report.--The Attorney General shall submit to Congress an annual report that details prosecutions in Federal court involving capital and noncapital crimes committed against LGBTQ individuals that were motivated by the victim's gender, gender identity or expression, or sexual orientation. <all> | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. ( ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. ( ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. ( ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. ( ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | To amend title 18, United States Code, to prohibit gay and trans panic defenses. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. ( ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. ( | 568 |
589 | 11,704 | H.R.3509 | Commerce | Safe Gun Storage Act of 2021This bill requires safety standards for firearm locks and safes. Under such standards, firearm locks must be reasonably designed to (1) prevent the firearm from discharging while the lock is activated, and (2) prevent unauthorized access to the firearm. Further, firearm safes must be reasonably designed to (1) secure firearms, and (2) prevent unauthorized access to the safe through physical manipulation or damage. | To amend the Consumer Product Safety Act to direct the Consumer Product
Safety Commission to establish consumer product safety standards for
firearm locks and firearm safes, and for other purposes.
Be it enacted by the Senate 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 Gun Storage Act of 2021''.
SEC. 2. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM
SAFES.
(a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by adding at the end the following:
``SEC. 43. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND
FIREARM SAFES.
``(a) Establishment of Standards.--
``(1) Rulemaking required.--
``(A) Rulemaking proceeding.--Notwithstanding
section 3(a)(5)(E), the Commission shall initiate a
rulemaking proceeding under section 553 of title 5,
United States Code, within 90 days after the date of
the enactment of this section to establish--
``(i) a consumer product safety standard
for firearm locks; and
``(ii) a consumer product safety standard
for firearm safes.
``(B) Final rule.--Notwithstanding any other
provision of law, including chapter 5 of title 5,
United States Code, the Commission shall promulgate
final consumer product safety standards under this
paragraph within 12 months after the date on which the
Commission initiates the rulemaking proceeding under
subparagraph (A).
``(C) Effective date.--Each final consumer product
safety standard promulgated under this paragraph shall
take effect 6 months after the date on which such
standard is promulgated.
``(2) Requirements for firearm lock standard.--The standard
for firearm locks promulgated under paragraph (1) shall require
firearm locks that--
``(A) are sufficiently difficult for an
unauthorized user to de-activate or remove; and
``(B) prevent the discharge of the firearm unless
the firearm lock has been de-activated or removed.
``(3) Requirements for firearm safe standard.--The standard
for firearm safes promulgated under paragraph (1) shall require
firearm safes that reliably secure firearms from unauthorized
users, and include reliable security features, quality, and
construction to reliably prevent unauthorized users from
gaining access to a firearm by damaging or physically
manipulating the safe.
``(b) Certain Provisions Not To Apply.--
``(1) Provisions of this act.--Sections 7 and 9 of this Act
do not apply to the rulemaking proceeding under paragraph (1)
of subsection (a).
``(2) Chapter 5 of title 5.--Except for section 553,
chapter 5 of title 5, United States Code, does not apply to
this section.
``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United
States Code, does not apply to this section.
``(4) National environmental policy act.--The National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does
not apply to this section.
``(c) No Effect on State Law.--Notwithstanding section 26 of this
Act, this section does not annul, alter, impair, affect, or exempt any
person subject to a consumer product safety standard promulgated under
subsection (a)(1) from complying with any provision of the law of any
State or any political subdivision thereof, except to the extent that
such provision is inconsistent with any such standard, and then only to
the extent of the inconsistency. A provision of the law of a State or a
political subdivision thereof is not inconsistent with a consumer
product safety standard promulgated under subsection (a)(1) if such
provision affords greater protection to individuals with respect to
firearms than is afforded by such standard.
``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer
product safety standards promulgated by the Commission under subsection
(a)(1) shall be enforced under this Act as if such standards were
consumer product safety standards described in section 7(a).
``(e) Definitions.--In this section:
``(1) Firearm.--The term `firearm' has the meaning given
the term in section 921(a) of title 18, United States Code.
``(2) Firearm lock.--The term `firearm lock' means any
disabling or locking device that is not built into the firearm
at the time of manufacture and that is designed to prevent the
firearm from being discharged unless the device has been
deactivated or removed.
``(3) Firearm safe.--The term `firearm safe' means a
container that is advertised to be used to store a firearm and
that is designed to be unlocked only by means of a key, a
combination, or other similar means.''.
(b) Conforming Amendment.--Section 1 of the Consumer Product Safety
Act is amended by adding at the end of the table of contents the
following:
``Sec. 43. Consumer product safety standards for firearm locks and
firearm safes.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Consumer Product
Safety Commission $2,000,000 to carry out the provisions of section 43
of the Consumer Product Safety Act, as added by section 2, such sums to
remain available until expended.
<all> | Safe Gun Storage Act of 2021 | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. | Safe Gun Storage Act of 2021 | Rep. Jayapal, Pramila | D | WA | This bill requires safety standards for firearm locks and safes. Under such standards, firearm locks must be reasonably designed to (1) prevent the firearm from discharging while the lock is activated, and (2) prevent unauthorized access to the firearm. Further, firearm safes must be reasonably designed to (1) secure firearms, and (2) prevent unauthorized access to the safe through physical manipulation or damage. | Be it enacted by the Senate 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 Gun Storage Act of 2021''. 2. 2051 et seq.) is amended by adding at the end the following: ``SEC. ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(3) Requirements for firearm safe standard.--The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(4) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. ``(e) Definitions.--In this section: ``(1) Firearm.--The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code. ``(2) Firearm lock.--The term `firearm lock' means any disabling or locking device that is not built into the firearm at the time of manufacture and that is designed to prevent the firearm from being discharged unless the device has been deactivated or removed. ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. 43. Consumer product safety standards for firearm locks and firearm safes.''. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | 2. 2051 et seq.) is amended by adding at the end the following: ``SEC. ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(3) Requirements for firearm safe standard.--The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(4) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. 43. Consumer product safety standards for firearm locks and firearm safes.''. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. Be it enacted by the Senate 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 Gun Storage Act of 2021''. 2. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following: ``SEC. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(B) Final rule.--Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate final consumer product safety standards under this paragraph within 12 months after the date on which the Commission initiates the rulemaking proceeding under subparagraph (A). ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Requirements for firearm lock standard.--The standard for firearm locks promulgated under paragraph (1) shall require firearm locks that-- ``(A) are sufficiently difficult for an unauthorized user to de-activate or remove; and ``(B) prevent the discharge of the firearm unless the firearm lock has been de-activated or removed. ``(3) Requirements for firearm safe standard.--The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(4) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. ``(e) Definitions.--In this section: ``(1) Firearm.--The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code. ``(2) Firearm lock.--The term `firearm lock' means any disabling or locking device that is not built into the firearm at the time of manufacture and that is designed to prevent the firearm from being discharged unless the device has been deactivated or removed. ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. 43. Consumer product safety standards for firearm locks and firearm safes.''. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. Be it enacted by the Senate 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 Gun Storage Act of 2021''. SEC. 2. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following: ``SEC. 43. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(B) Final rule.--Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate final consumer product safety standards under this paragraph within 12 months after the date on which the Commission initiates the rulemaking proceeding under subparagraph (A). ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Requirements for firearm lock standard.--The standard for firearm locks promulgated under paragraph (1) shall require firearm locks that-- ``(A) are sufficiently difficult for an unauthorized user to de-activate or remove; and ``(B) prevent the discharge of the firearm unless the firearm lock has been de-activated or removed. ``(3) Requirements for firearm safe standard.--The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(2) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(4) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. ``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). ``(e) Definitions.--In this section: ``(1) Firearm.--The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code. ``(2) Firearm lock.--The term `firearm lock' means any disabling or locking device that is not built into the firearm at the time of manufacture and that is designed to prevent the firearm from being discharged unless the device has been deactivated or removed. ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. 43. Consumer product safety standards for firearm locks and firearm safes.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. <all> | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. ``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. ( There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. ( ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. ( ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. ``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. ( There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. ( ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. ``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. ( There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. ( ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. ``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. ( There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. ( ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. ``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. ( There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. | 807 |
592 | 6,583 | H.R.5401 | Energy | Nuclear Waste Task Force Act of 2021
This bill directs the Environmental Protection Agency to establish a task force that must evaluate the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear waste and high-level radioactive waste in order to enable consent-based siting of disposal and storage solutions for such waste. The task force must provide a clear explanation of what constitutes consent-based siting. In addition, the task force may provide participation grants to help environmental justice communities on issues relating to the storage and disposal of such waste. | To establish a task force on the implications of amending the Atomic
Energy Act of 1954 to remove exemptions from environmental laws for
spent nuclear fuel and high-level radioactive waste to allow for
consent-based siting of geologic repositories.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Task Force Act of
2021''.
SEC. 2. TASK FORCE.
(a) Definitions.--In this section:
(1) Environmental justice community.--The term
``environmental justice community'' means a community with a
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects, as compared to
other communities.
(2) EPA representative.--The term ``EPA representative''
means the member of the Task Force appointed under subsection
(c)(2)(B)(i).
(3) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(4) Indian tribe.--The term ``Indian Tribe'' means an
Indian tribe included on the list published by the Secretary of
the Interior under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(5) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(6) Task force.--The term ``Task Force'' means the task
force established under subsection (b).
(b) Establishment.--The Administrator of the Environmental
Protection Agency shall establish a task force, to be known as ``Task
Force on the Implications of Amending the Atomic Energy Act of 1954 to
Remove Exemptions from Environmental Laws for Spent Nuclear Fuel And
High-Level Radioactive Waste to Allow for Consent-Based Siting of
Geologic Repositories''--
(1) to continue the work of the 2012 Blue Ribbon Commission
on America's Nuclear Future, which found that consent was
necessary to successfully arrive at permanent disposal sites
for nuclear waste; and
(2) to analyze the implications of amending the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) to remove
exemptions from environmental laws for spent nuclear fuel from
commercial reactors and high-level radioactive waste from
defense and commercial origins in order to create a consent-
driven pathway to addressing the disposal challenges of
commercial and defense nuclear waste.
(c) Membership.--
(1) In general.--The Task Force shall include a balanced
representation of--
(A) Federal, State, Tribal, and local government
agencies;
(B) nongovernmental organizations;
(C) unions; and
(D) the private sector.
(2) Members.--
(A) In general.--The Task Force shall be composed
of not more than 30 members who represent entities
that--
(i) are currently affected by the storage,
treatment, or management of commercial or
defense nuclear waste; or
(ii) have cognizable and well-understood
interests in the objectives of the Task Force.
(B) Federal members.--Not more than 5 members of
the Task Force shall be representatives of the Federal
Government, of whom--
(i) 1 shall be appointed by the
Administrator of the Environmental Protection
Agency to represent the Environmental
Protection Agency;
(ii) 1 shall be appointed by the Secretary
of Energy to represent the Department of
Energy;
(iii) 1 shall be appointed by the Nuclear
Regulatory Commission to represent the Nuclear
Regulatory Commission;
(iv) 1 shall be appointed by the Director
of the White House Office of Science and
Technology Policy to represent the White House
Office of Science and Technology Policy; and
(v) 1 shall be appointed by the Secretary
of Transportation to represent the Department
of Transportation.
(C) Non-federal members.--
(i) In general.--Except as provided in
clause (ii), the EPA representative shall
appoint the non-Federal members of the Task
Force.
(ii) State government representatives.--
(I) In general.--The EPA
representative shall select not fewer
than 7 States, representing a
geographical balance from across the
United States, the governments of which
shall be represented on the Task Force.
(II) Appointment.--The Governor of
a State selected under subclause (I),
or an appropriate agency of the State,
such as a State department of ecology
or State environment department, if the
Governor determines it to be
appropriate, shall appoint the
representative of the State government
who shall serve on the Task Force.
(iii) Other non-federal members.--
(I) Geographic and historical
balance.--In selecting the non-Federal
members of the Task Force, the EPA
representative shall ensure--
(aa) a geographical balance
among the non-Federal members
from across the United States;
and
(bb) a balance of
historical concerns with
respect to nuclear waste.
(II) Interests.--In selecting the
non-Federal members of the Task Force,
the EPA representative shall ensure
that not fewer than 18 members are
selected from among representatives
of--
(aa) Indian Tribes;
(bb) national environmental
interest groups;
(cc) regional environmental
justice groups;
(dd) industry;
(ee) labor organizations;
(ff) professional
societies; and
(gg) safety- and health-
related organizations.
(D) Selection of chair.--The non-Federal members of
the Task Force appointed under subparagraph (C) shall
select the Chair of the Task Force from among the non-
Federal members.
(3) Compensation; expenses.--
(A) Compensation.--A member of the Task Force shall
serve without compensation.
(B) Expenses.--A member of the Task Force shall
receive reimbursement from the Administrator of the
Environmental Protection Agency at the applicable
Federal per diem rate for all out-of-pocket expenses
incurred in carrying out the duties of the Task Force.
(d) Grants.--Subject to the approval of the Federal members of the
Task Force appointed under subsection (c)(2)(B), the Chair of the Task
Force may provide participation grants to task force members from
underresourced communities, environmental justice communities, or
nonprofit organizations that are located in environmental justice
communities and represent and work on behalf of environmental justice
communities with respect to issues relating to the storage and disposal
of spent nuclear fuel and high-level radioactive waste.
(e) Duties.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall submit to Congress
and the President a report, in unclassified form, that--
(A)(i) provides a clear explanation of what
constitutes ``consent-based siting''; and
(ii) includes recommendations on how consent-based
siting could be practically implemented;
(B) describes and evaluates, taking into
consideration the consent-based siting recommendations
of the 2012 Blue Ribbon Commission for America's
Nuclear Future--
(i) the implications of amending the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) to
remove exemptions from environmental laws, such
as the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) (commonly known as the ``Resource
Conservation and Recovery Act of 1976''), for
spent nuclear fuel and high-level radioactive
waste, while maintaining Federal minimum
standards;
(ii) the likely allocations of precise
regulatory responsibilities under any amendment
to the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) described and evaluated under
clause (i); and
(iii) the timeframe necessary for
developing regulations in accordance with
clause (ii) and subparagraph (C); and
(C) includes recommendations for appropriate
legislative and regulatory changes based on the matters
described and evaluated under subparagraph (B).
(2) Notice and comment.--
(A) In general.--In preparing the report under
paragraph (1), the Task Force shall provide public
notice and an opportunity for comment on the matters
described in paragraph (1).
(B) Requirement.--To ensure sufficient opportunity
for timely public input on the matters described in
paragraph (1), the Task Force shall provide not fewer
than 3 opportunities for public comment under
subparagraph (A), including--
(i) 1 opportunity on the East Coast;
(ii) 1 opportunity on the West Coast; and
(iii) 1 opportunity in the middle region of
the United States.
<all> | Nuclear Waste Task Force Act of 2021 | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. | Nuclear Waste Task Force Act of 2021 | Rep. Levin, Mike | D | CA | This bill directs the Environmental Protection Agency to establish a task force that must evaluate the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear waste and high-level radioactive waste in order to enable consent-based siting of disposal and storage solutions for such waste. The task force must provide a clear explanation of what constitutes consent-based siting. In addition, the task force may provide participation grants to help environmental justice communities on issues relating to the storage and disposal of such waste. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. SHORT TITLE. SEC. 2. TASK FORCE. (a) Definitions.--In this section: (1) Environmental justice community.--The term ``environmental justice community'' means a community with a significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (4) Indian tribe.--The term ``Indian Tribe'' means an Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. (B) Federal members.--Not more than 5 members of the Task Force shall be representatives of the Federal Government, of whom-- (i) 1 shall be appointed by the Administrator of the Environmental Protection Agency to represent the Environmental Protection Agency; (ii) 1 shall be appointed by the Secretary of Energy to represent the Department of Energy; (iii) 1 shall be appointed by the Nuclear Regulatory Commission to represent the Nuclear Regulatory Commission; (iv) 1 shall be appointed by the Director of the White House Office of Science and Technology Policy to represent the White House Office of Science and Technology Policy; and (v) 1 shall be appointed by the Secretary of Transportation to represent the Department of Transportation. (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. (3) Compensation; expenses.-- (A) Compensation.--A member of the Task Force shall serve without compensation. 2011 et seq.) (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 2. TASK FORCE. (a) Definitions.--In this section: (1) Environmental justice community.--The term ``environmental justice community'' means a community with a significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (4) Indian tribe.--The term ``Indian Tribe'' means an Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. 2011 et seq.) (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. SHORT TITLE. SEC. 2. TASK FORCE. (a) Definitions.--In this section: (1) Environmental justice community.--The term ``environmental justice community'' means a community with a significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (4) Indian tribe.--The term ``Indian Tribe'' means an Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. (B) Federal members.--Not more than 5 members of the Task Force shall be representatives of the Federal Government, of whom-- (i) 1 shall be appointed by the Administrator of the Environmental Protection Agency to represent the Environmental Protection Agency; (ii) 1 shall be appointed by the Secretary of Energy to represent the Department of Energy; (iii) 1 shall be appointed by the Nuclear Regulatory Commission to represent the Nuclear Regulatory Commission; (iv) 1 shall be appointed by the Director of the White House Office of Science and Technology Policy to represent the White House Office of Science and Technology Policy; and (v) 1 shall be appointed by the Secretary of Transportation to represent the Department of Transportation. (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. (iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. (II) Interests.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure that not fewer than 18 members are selected from among representatives of-- (aa) Indian Tribes; (bb) national environmental interest groups; (cc) regional environmental justice groups; (dd) industry; (ee) labor organizations; (ff) professional societies; and (gg) safety- and health- related organizations. (3) Compensation; expenses.-- (A) Compensation.--A member of the Task Force shall serve without compensation. (e) Duties.-- (1) Report.--Not later than 1 year after the date of enactment of this Act, the Task Force shall submit to Congress and the President a report, in unclassified form, that-- (A)(i) provides a clear explanation of what constitutes ``consent-based siting''; and (ii) includes recommendations on how consent-based siting could be practically implemented; (B) describes and evaluates, taking into consideration the consent-based siting recommendations of the 2012 Blue Ribbon Commission for America's Nuclear Future-- (i) the implications of amending the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. SHORT TITLE. SEC. 2. TASK FORCE. (a) Definitions.--In this section: (1) Environmental justice community.--The term ``environmental justice community'' means a community with a significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (4) Indian tribe.--The term ``Indian Tribe'' means an Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. (c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. (2) Members.-- (A) In general.--The Task Force shall be composed of not more than 30 members who represent entities that-- (i) are currently affected by the storage, treatment, or management of commercial or defense nuclear waste; or (ii) have cognizable and well-understood interests in the objectives of the Task Force. (B) Federal members.--Not more than 5 members of the Task Force shall be representatives of the Federal Government, of whom-- (i) 1 shall be appointed by the Administrator of the Environmental Protection Agency to represent the Environmental Protection Agency; (ii) 1 shall be appointed by the Secretary of Energy to represent the Department of Energy; (iii) 1 shall be appointed by the Nuclear Regulatory Commission to represent the Nuclear Regulatory Commission; (iv) 1 shall be appointed by the Director of the White House Office of Science and Technology Policy to represent the White House Office of Science and Technology Policy; and (v) 1 shall be appointed by the Secretary of Transportation to represent the Department of Transportation. (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. (iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. (II) Interests.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure that not fewer than 18 members are selected from among representatives of-- (aa) Indian Tribes; (bb) national environmental interest groups; (cc) regional environmental justice groups; (dd) industry; (ee) labor organizations; (ff) professional societies; and (gg) safety- and health- related organizations. (3) Compensation; expenses.-- (A) Compensation.--A member of the Task Force shall serve without compensation. (B) Expenses.--A member of the Task Force shall receive reimbursement from the Administrator of the Environmental Protection Agency at the applicable Federal per diem rate for all out-of-pocket expenses incurred in carrying out the duties of the Task Force. (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. (e) Duties.-- (1) Report.--Not later than 1 year after the date of enactment of this Act, the Task Force shall submit to Congress and the President a report, in unclassified form, that-- (A)(i) provides a clear explanation of what constitutes ``consent-based siting''; and (ii) includes recommendations on how consent-based siting could be practically implemented; (B) describes and evaluates, taking into consideration the consent-based siting recommendations of the 2012 Blue Ribbon Commission for America's Nuclear Future-- (i) the implications of amending the Atomic Energy Act of 1954 (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource Conservation and Recovery Act of 1976''), for spent nuclear fuel and high-level radioactive waste, while maintaining Federal minimum standards; (ii) the likely allocations of precise regulatory responsibilities under any amendment to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) described and evaluated under clause (i); and (iii) the timeframe necessary for developing regulations in accordance with clause (ii) and subparagraph (C); and (C) includes recommendations for appropriate legislative and regulatory changes based on the matters described and evaluated under subparagraph (B). (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 3) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. (2) Members.-- (A) In general.--The Task Force shall be composed of not more than 30 members who represent entities that-- (i) are currently affected by the storage, treatment, or management of commercial or defense nuclear waste; or (ii) have cognizable and well-understood interests in the objectives of the Task Force. ( C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( to remove exemptions from environmental laws, such as the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) ( described and evaluated under clause (i); and (iii) the timeframe necessary for developing regulations in accordance with clause (ii) and subparagraph (C); and (C) includes recommendations for appropriate legislative and regulatory changes based on the matters described and evaluated under subparagraph (B). ( 2) Notice and comment.-- (A) In general.--In preparing the report under paragraph (1), the Task Force shall provide public notice and an opportunity for comment on the matters described in paragraph (1). ( | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. ( (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( commonly known as the ``Resource Conservation and Recovery Act of 1976''), for spent nuclear fuel and high-level radioactive waste, while maintaining Federal minimum standards; (ii) the likely allocations of precise regulatory responsibilities under any amendment to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. ( (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( commonly known as the ``Resource Conservation and Recovery Act of 1976''), for spent nuclear fuel and high-level radioactive waste, while maintaining Federal minimum standards; (ii) the likely allocations of precise regulatory responsibilities under any amendment to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 3) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. (2) Members.-- (A) In general.--The Task Force shall be composed of not more than 30 members who represent entities that-- (i) are currently affected by the storage, treatment, or management of commercial or defense nuclear waste; or (ii) have cognizable and well-understood interests in the objectives of the Task Force. ( C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( to remove exemptions from environmental laws, such as the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) ( described and evaluated under clause (i); and (iii) the timeframe necessary for developing regulations in accordance with clause (ii) and subparagraph (C); and (C) includes recommendations for appropriate legislative and regulatory changes based on the matters described and evaluated under subparagraph (B). ( 2) Notice and comment.-- (A) In general.--In preparing the report under paragraph (1), the Task Force shall provide public notice and an opportunity for comment on the matters described in paragraph (1). ( | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. ( (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( commonly known as the ``Resource Conservation and Recovery Act of 1976''), for spent nuclear fuel and high-level radioactive waste, while maintaining Federal minimum standards; (ii) the likely allocations of precise regulatory responsibilities under any amendment to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 3) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. (2) Members.-- (A) In general.--The Task Force shall be composed of not more than 30 members who represent entities that-- (i) are currently affected by the storage, treatment, or management of commercial or defense nuclear waste; or (ii) have cognizable and well-understood interests in the objectives of the Task Force. ( C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( to remove exemptions from environmental laws, such as the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) ( described and evaluated under clause (i); and (iii) the timeframe necessary for developing regulations in accordance with clause (ii) and subparagraph (C); and (C) includes recommendations for appropriate legislative and regulatory changes based on the matters described and evaluated under subparagraph (B). ( 2) Notice and comment.-- (A) In general.--In preparing the report under paragraph (1), the Task Force shall provide public notice and an opportunity for comment on the matters described in paragraph (1). ( | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. ( (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( commonly known as the ``Resource Conservation and Recovery Act of 1976''), for spent nuclear fuel and high-level radioactive waste, while maintaining Federal minimum standards; (ii) the likely allocations of precise regulatory responsibilities under any amendment to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 3) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. (2) Members.-- (A) In general.--The Task Force shall be composed of not more than 30 members who represent entities that-- (i) are currently affected by the storage, treatment, or management of commercial or defense nuclear waste; or (ii) have cognizable and well-understood interests in the objectives of the Task Force. ( C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. ( (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. ( iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. ( (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( to remove exemptions from environmental laws, such as the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) ( described and evaluated under clause (i); and (iii) the timeframe necessary for developing regulations in accordance with clause (ii) and subparagraph (C); and (C) includes recommendations for appropriate legislative and regulatory changes based on the matters described and evaluated under subparagraph (B). ( 2) Notice and comment.-- (A) In general.--In preparing the report under paragraph (1), the Task Force shall provide public notice and an opportunity for comment on the matters described in paragraph (1). ( | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. | To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. 5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( ( (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. ( d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. ( ( 2) Notice and comment.-- (A) In general.--In preparing the report under paragraph (1), the Task Force shall provide public notice and an opportunity for comment on the matters described in paragraph (1). ( | 1,322 |
594 | 658 | S.2517 | Environmental Protection | Defense of Environment and Property Act of 2021
This bill revises the scope, jurisdiction, and requirements of the Clean Water Act.
It specifies the types of water bodies that are navigable waters and therefore receive protection. It defines navigable waters as waters of the United States that are (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact.
The bill limits the jurisdiction of the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) over such waters, including by stating that ground water is under the jurisdiction of states. The bill prohibits the EPA from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States.
The bill nullifies the Migratory Bird rule and a 2008 guidance document about the definition of waters under the jurisdiction of the Clean Water Act. The bill prohibits the EPA and the Corps from issuing new rules or guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.
Federal agencies must obtain consent from private property owners to collect information about navigable waters on their land. If regulations relating to navigable waters or waters of United States diminish the value of a property, then the federal government must pay the property owner an amount equal to twice the value of the loss. | To amend the Federal Water Pollution Control Act to clarify the
definition of navigable waters, and for other purposes.
Be it enacted by the Senate 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 of Environment and Property
Act of 2021''.
SEC. 2. NAVIGABLE WATERS.
(a) In General.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting
the following:
``(7) Navigable waters.--
``(A) In general.--The term `navigable waters'
means the waters of the United States, including the
territorial seas, that are--
``(i) navigable-in-fact; or
``(ii) permanent, standing, or continuously
flowing bodies of water that form geographical
features commonly known as streams, oceans,
rivers, and lakes that are connected to waters
that are navigable-in-fact.
``(B) Exclusions.--The term `navigable waters' does
not include (including by regulation)--
``(i) waters that--
``(I) do not physically abut waters
described in subparagraph (A); and
``(II) lack a continuous surface
water connection to navigable waters;
``(ii) man-made or natural structures or
channels--
``(I) through which water flows
intermittently or ephemerally; or
``(II) that periodically provide
drainage for rainfall; or
``(iii) wetlands without a continuous
surface connection to bodies of water that are
waters of the United States.''.
(b) Jurisdiction of EPA and Corps of Engineers.--Title V of the
Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is
amended--
(1) by redesignating section 520 as section 521; and
(2) by inserting after section 519 the following:
``SEC. 520. JURISDICTION OF THE ADMINISTRATOR AND SECRETARY OF THE
ARMY.
``(a) EPA and Corps Activities.--An activity carried out by the
Administrator or the Corps of Engineers shall not, without explicit
State authorization, impinge upon the traditional and primary power of
States over land and water use.
``(b) Aggregation; Wetlands.--
``(1) Aggregation.--Aggregation of wetlands or waters not
described in clauses (i) through (iii) of section 502(7)(B)
shall not be used to determine or assert Federal jurisdiction.
``(2) Wetlands.--Wetlands described in section
502(7)(B)(iii) shall not be considered to be under Federal
jurisdiction.
``(c) Judicial Review.--If a jurisdictional determination by the
Administrator or the Secretary of the Army would affect the ability of
a State or individual property owner to plan the development and use
(including restoration, preservation, and enhancement) of land and
water resources, the State or individual property owner may obtain
expedited judicial review not later than 30 days after the date on
which the determination is made in a district court of the United
States, of appropriate jurisdiction and venue, that is located within
the State seeking the review.
``(d) Treatment of Ground Water.--Ground water shall--
``(1) be considered to be State water; and
``(2) not be considered in determining or asserting Federal
jurisdiction over isolated or other waters, including
intermittent or ephemeral water bodies.
``(e) Prohibition on Use of Significant Nexus Test.--
``(1) Definition of significant nexus test.--In this
subsection, the term `significant nexus test' means an analysis
to determine whether a water has a significant nexus (as
defined in subsection (c) of section 328.3 of title 33, Code of
Federal Regulations (as in effect on August 29, 2015)) to a
water described in paragraphs (1) through (3) of subsection (a)
of that section (as in effect on that date), or any similar
analysis.
``(2) Prohibition.--Notwithstanding any other provision of
law, the Administrator may not use a significant nexus test to
determine Federal jurisdiction over navigable waters and waters
of the United States.''.
(c) Applicability.--Nothing in this section or the amendments made
by this section affects or alters any exemption under--
(1) section 402(l) of the Federal Water Pollution Control
Act (33 U.S.C. 1342(l)); or
(2) section 404(f) of the Federal Water Pollution Control
Act (33 U.S.C. 1344(f)).
SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.
(a) In General.--The following regulations and guidance shall have
no force or effect:
(1) The final rule of the Corps of Engineers entitled
``Final Rule for Regulatory Programs of the Corps of
Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).
(2) The guidance document entitled ``Clean Water Act
Jurisdiction Following the U.S. Supreme Court's Decision in
`Rapanos v. United States' & `Carabell v. United States''' and
dated December 2, 2008 (relating to the definition of waters
under the jurisdiction of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.)).
(3) Any subsequent regulation of or guidance issued by any
Federal agency that defines or interprets the terms ``navigable
waters'' or ``waters of the United States''.
(b) Prohibition.--The Secretary of the Army, acting through the
Chief of Engineers, and the Administrator of the Environmental
Protection Agency shall not promulgate any rules or issue any guidance
that expands or interprets the definition of navigable waters unless
expressly authorized by Congress.
SEC. 4. STATE REGULATION OF WATER.
Nothing in this Act or the amendments made by this Act affects,
amends, or supersedes--
(1) the right of a State to regulate waters in the State;
or
(2) the duty of a landowner to adhere to any State nuisance
laws (including regulations) relating to waters in the State.
SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES.
Section 308 of the Federal Water Pollution Control Act (33 U.S.C.
1318) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Entry by federal agency.--A representative of a
Federal agency shall only enter private property to collect
information about navigable waters if the owner of that
property--
``(A) has consented to the entry in writing;
``(B) is notified regarding the date of the entry;
and
``(C) is given access to any data collected from
the entry.
``(2) Access.--If a landowner consents to entry under
paragraph (1), the landowner shall have the right to be present
at the time any data collection on the property of the
landowner is carried out.''.
SEC. 6. COMPENSATION FOR REGULATORY TAKING.
(a) In General.--If a Federal regulation relating to the definition
of ``navigable waters'' or ``waters of the United States'' diminishes
the fair market value or economic viability of a property, as
determined by an independent appraiser, the Federal agency issuing the
regulation shall pay the affected property owner an amount equal to
twice the value of the loss.
(b) Administration.--Any payment provided under subsection (a)
shall be made from the amounts made available to the relevant agency
head for general operations of the Federal agency.
(c) Applicability.--A Federal regulation described in subsection
(a) shall have no force or effect until the date on which each
landowner with a claim under this section relating to that regulation
has been compensated in accordance with this section.
<all> | Defense of Environment and Property Act of 2021 | A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. | Defense of Environment and Property Act of 2021 | Sen. Paul, Rand | R | KY | This bill revises the scope, jurisdiction, and requirements of the Clean Water Act. It specifies the types of water bodies that are navigable waters and therefore receive protection. It defines navigable waters as waters of the United States that are (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. The bill limits the jurisdiction of the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) over such waters, including by stating that ground water is under the jurisdiction of states. The bill prohibits the EPA from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. The bill nullifies the Migratory Bird rule and a 2008 guidance document about the definition of waters under the jurisdiction of the Clean Water Act. The bill prohibits the EPA and the Corps from issuing new rules or guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Federal agencies must obtain consent from private property owners to collect information about navigable waters on their land. If regulations relating to navigable waters or waters of United States diminish the value of a property, then the federal government must pay the property owner an amount equal to twice the value of the loss. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. NAVIGABLE WATERS. ``(B) Exclusions.--The term `navigable waters' does not include (including by regulation)-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States.''. 1361 et seq.) is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. 520. JURISDICTION OF THE ADMINISTRATOR AND SECRETARY OF THE ARMY. ``(2) Wetlands.--Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. 1344(f)). 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). 4. STATE REGULATION OF WATER. 5. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of ``navigable waters'' or ``waters of the United States'' diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. NAVIGABLE WATERS. 1361 et seq.) 520. JURISDICTION OF THE ADMINISTRATOR AND SECRETARY OF THE ARMY. ``(2) Wetlands.--Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. 1344(f)). 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). 4. STATE REGULATION OF WATER. 5. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Environment and Property Act of 2021''. 2. NAVIGABLE WATERS. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include (including by regulation)-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States.''. 1361 et seq.) is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. 520. JURISDICTION OF THE ADMINISTRATOR AND SECRETARY OF THE ARMY. ``(a) EPA and Corps Activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. ``(2) Wetlands.--Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. 1344(f)). 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. 4. STATE REGULATION OF WATER. Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 5. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of ``navigable waters'' or ``waters of the United States'' diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. Be it enacted by the Senate 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 of Environment and Property Act of 2021''. 2. NAVIGABLE WATERS. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include (including by regulation)-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States.''. 1361 et seq.) is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. 520. JURISDICTION OF THE ADMINISTRATOR AND SECRETARY OF THE ARMY. ``(a) EPA and Corps Activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. ``(2) Wetlands.--Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(d) Treatment of Ground Water.--Ground water shall-- ``(1) be considered to be State water; and ``(2) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). (3) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the terms ``navigable waters'' or ``waters of the United States''. (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. 4. STATE REGULATION OF WATER. Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 5. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of ``navigable waters'' or ``waters of the United States'' diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(a) EPA and Corps Activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section. | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(a) EPA and Corps Activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section. | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(a) EPA and Corps Activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section. | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(a) EPA and Corps Activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section. | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ( Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. ( b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( | To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). ( 2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). ( b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. ( | 1,150 |
595 | 12,081 | H.R.4281 | International Affairs | Tibet Independence Act
This bill addresses and imposes sanctions relating to Tibet.
The bill states that it is U.S. policy to affirm that China's territorial claims over Tibet are invalid and without merit. It also authorizes the President to recognize Tibet as a separate and independent country.
The President must impose property- and visa-blocking sanctions on foreign persons that are knowingly responsible for or complicit in supporting the Chinese Communist Party's occupation of Tibet. | To impose sanctions on persons who are knowingly responsible for or
complicit in, or have directly or indirectly engaged in, supporting the
illegal occupation of Tibet, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tibet Independence Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress listed Tibet as a separate country from the
People's Republic of China in the Export-Import Bank Act
Amendments of 1986.
(2) The Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 declares that Congress views Tibet as an
``occupied country'', and that China's control of Tibet remains
illegal under international law.
(3) The Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 further establishes that ``it is the policy of
the United States to oppose aggression and other illegal uses
of force by one country against the sovereignty of another as a
manner of acquiring territory, and to condemn violations of
international law, including the illegal occupation of one
country by another''.
(4) The Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 conveyed the Sense of Congress that ``the United
States should seek to establish a dialogue with those
recognized by Congress as the true representatives of the
Tibetan people, the Dalai Lama, his representatives and the
Tibetan Government in Exile''.
(5) On November 18, 2020, the United States House of
Representatives approved without objection H. Res. 697, which
``affirms the cultural and religious significance of the goal
of genuine autonomy for the people of Tibet and the deep bond
between the American and Tibetan people''.
(6) In 1951, the People's Republic of China coerced Tibetan
representatives to sign, under duress, an unlawful settlement
known as the Seventeen Point Agreement. This agreement states
that ``the Tibetan people have the right to exercise national
regional autonomy under the unified leadership of the Central
People's Government'' and additionally, that ``the central
authorities will not alter the existing political system in
Tibet''.
(7) The establishment of the independent state of Tibet
predates the 1951 Seventeen Point Agreement by many hundreds of
years.
(8) In rejecting the seven-decade long illegal occupation
of Tibet by the forces of the Chinese Communist Party, the
United States of America would provide relief to a long-
suffering people and reinforce its reputation as a strident
defender of global human rights.
(9) It would benefit the national security of the United
States to recognize Tibet, which comprises the original three
Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate,
independent country.
SEC. 3. STATEMENT OF POLICY; AUTHORIZATION; SENSE OF CONGRESS.
(a) It is the policy of the United States to--
(1) acknowledge that Tibet was an independent country prior
to the People's Republic of China's illegal occupation of
Tibet's sovereign territory in 1951;
(2) affirm that all territorial claims by the People's
Republic of China over the area known as Tibet, which comprises
the original three Tibetan provinces of Amdo, Kham, and U-
Tsang, are invalid and without merit; and
(3) recognize that the democratically elected government of
Tibet, presently named as the Central Tibetan Administration,
is the only governing authority of Tibet.
(b) Authorization.--The President is authorized to recognize Tibet,
which comprises the original Tibetan provinces of Amdo, Kham, and U-
Tsang, as a separate, independent country, in accordance with
subsection (a), immediately upon enactment of this Act.
(c) Sense of Congress.--The President of the United States should
invite the incumbent Sikyong (President) of Tibet to the United States
for an official state visit no later than 1 year after the date of the
enactment of this Act.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO THE CONTINUED ILLEGAL
OCCUPATION OF TIBET.
(a) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to each foreign
person included in the most recent list submitted pursuant to
subsection (b).
(b) List of Persons.--
(1) Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a list of foreign persons, including
senior government officials, military leaders, and other
persons, who the President determines are knowingly responsible
for or complicit in, or have directly or indirectly engaged in,
supporting the Chinese Communist Party's illegal occupation of
Tibet.
(2) Updates of lists.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act and annually thereafter for 5
years; or
(B) as new information becomes available.
(3) Form.--The list required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President by 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 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.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission, or
parole.--A foreign person included in the most recent
list submitted pursuant to subsection (b) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--A foreign person
described in subparagraph (A) is also subject to the
following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall
take effect immediately and automatically
cancel any other valid visa or entry
documentation that is in the foreign person's
possession.
(3) Exception.--Sanctions under paragraph (2) shall not
apply to an alien if admitting or paroling the alien into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations of the United States.
(d) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person who violates, attempts to
violate, conspires to violate, or causes a violation of regulations
promulgated to carry out subsection (a) to the same extent that such
penalties apply to a person who commits an unlawful act described in
section 206(a) of that Act.
(e) Exception To Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
(f) Waiver.--
(1) In general.--The President may waive, for one or more
periods not to exceed 90 days, the application of sanctions
imposed on a foreign person under this section if the
President--
(A) determines that such a waiver is in the
national interest of the United States; and
(B) not later than the date on which such waiver
will take effect, submits to the appropriate
congressional committees a notice of and justification
for such waiver.
SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
<all> | Tibet Independence Act | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. | Tibet Independence Act | Rep. Perry, Scott | R | PA | This bill addresses and imposes sanctions relating to Tibet. The bill states that it is U.S. policy to affirm that China's territorial claims over Tibet are invalid and without merit. It also authorizes the President to recognize Tibet as a separate and independent country. The President must impose property- and visa-blocking sanctions on foreign persons that are knowingly responsible for or complicit in supporting the Chinese Communist Party's occupation of Tibet. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. SHORT TITLE. 2. FINDINGS. (3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. (5) On November 18, 2020, the United States House of Representatives approved without objection H. Res. (6) In 1951, the People's Republic of China coerced Tibetan representatives to sign, under duress, an unlawful settlement known as the Seventeen Point Agreement. This agreement states that ``the Tibetan people have the right to exercise national regional autonomy under the unified leadership of the Central People's Government'' and additionally, that ``the central authorities will not alter the existing political system in Tibet''. (9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. 3. (c) Sense of Congress.--The President of the United States should invite the incumbent Sikyong (President) of Tibet to the United States for an official state visit no later than 1 year after the date of the enactment of this Act. 4. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (3) Form.--The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 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 person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person described in subparagraph (A) is also subject to the following: (i) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (d) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. | SHORT TITLE. 2. (3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. (6) In 1951, the People's Republic of China coerced Tibetan representatives to sign, under duress, an unlawful settlement known as the Seventeen Point Agreement. This agreement states that ``the Tibetan people have the right to exercise national regional autonomy under the unified leadership of the Central People's Government'' and additionally, that ``the central authorities will not alter the existing political system in Tibet''. (9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. 3. (c) Sense of Congress.--The President of the United States should invite the incumbent Sikyong (President) of Tibet to the United States for an official state visit no later than 1 year after the date of the enactment of this Act. 4. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (3) Form.--The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 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 person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person described in subparagraph (A) is also subject to the following: (i) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. SHORT TITLE. 2. FINDINGS. (3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. (5) On November 18, 2020, the United States House of Representatives approved without objection H. Res. 697, which ``affirms the cultural and religious significance of the goal of genuine autonomy for the people of Tibet and the deep bond between the American and Tibetan people''. (6) In 1951, the People's Republic of China coerced Tibetan representatives to sign, under duress, an unlawful settlement known as the Seventeen Point Agreement. This agreement states that ``the Tibetan people have the right to exercise national regional autonomy under the unified leadership of the Central People's Government'' and additionally, that ``the central authorities will not alter the existing political system in Tibet''. (8) In rejecting the seven-decade long illegal occupation of Tibet by the forces of the Chinese Communist Party, the United States of America would provide relief to a long- suffering people and reinforce its reputation as a strident defender of global human rights. (9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. 3. (c) Sense of Congress.--The President of the United States should invite the incumbent Sikyong (President) of Tibet to the United States for an official state visit no later than 1 year after the date of the enactment of this Act. 4. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (3) Form.--The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 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 person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person described in subparagraph (A) is also subject to the following: (i) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (d) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. (2) Any authorized intelligence or law enforcement activities of the United States. (f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Congress listed Tibet as a separate country from the People's Republic of China in the Export-Import Bank Act Amendments of 1986. (3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. (4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. (5) On November 18, 2020, the United States House of Representatives approved without objection H. Res. 697, which ``affirms the cultural and religious significance of the goal of genuine autonomy for the people of Tibet and the deep bond between the American and Tibetan people''. (6) In 1951, the People's Republic of China coerced Tibetan representatives to sign, under duress, an unlawful settlement known as the Seventeen Point Agreement. This agreement states that ``the Tibetan people have the right to exercise national regional autonomy under the unified leadership of the Central People's Government'' and additionally, that ``the central authorities will not alter the existing political system in Tibet''. (7) The establishment of the independent state of Tibet predates the 1951 Seventeen Point Agreement by many hundreds of years. (8) In rejecting the seven-decade long illegal occupation of Tibet by the forces of the Chinese Communist Party, the United States of America would provide relief to a long- suffering people and reinforce its reputation as a strident defender of global human rights. (9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. 3. (c) Sense of Congress.--The President of the United States should invite the incumbent Sikyong (President) of Tibet to the United States for an official state visit no later than 1 year after the date of the enactment of this Act. 4. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (2) Updates of lists.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years; or (B) as new information becomes available. (3) Form.--The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 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 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. (2) Inadmissibility of certain individuals.-- (A) Ineligibility for visas, admission, or parole.--A foreign person included in the most recent list submitted pursuant to subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. (B) Current visas revoked.--A foreign person described in subparagraph (A) is also subject to the following: (i) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (d) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. (2) Any authorized intelligence or law enforcement activities of the United States. (f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. 4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. (5) On November 18, 2020, the United States House of Representatives approved without objection H. Res. 9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. (a) It is the policy of the United States to-- (1) acknowledge that Tibet was an independent country prior to the People's Republic of China's illegal occupation of Tibet's sovereign territory in 1951; (2) affirm that all territorial claims by the People's Republic of China over the area known as Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U- Tsang, are invalid and without merit; and (3) recognize that the democratically elected government of Tibet, presently named as the Central Tibetan Administration, is the only governing authority of Tibet. ( a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. ( 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 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. (2) Inadmissibility of certain individuals.-- (A) Ineligibility for visas, admission, or parole.--A foreign person included in the most recent list submitted pursuant to subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. ( In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. 3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. ( 4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. ( (8) In rejecting the seven-decade long illegal occupation of Tibet by the forces of the Chinese Communist Party, the United States of America would provide relief to a long- suffering people and reinforce its reputation as a strident defender of global human rights. ( b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. (2) Updates of lists.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years; or (B) as new information becomes available. ( 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 person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. 3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. ( 4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. ( (8) In rejecting the seven-decade long illegal occupation of Tibet by the forces of the Chinese Communist Party, the United States of America would provide relief to a long- suffering people and reinforce its reputation as a strident defender of global human rights. ( b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. (2) Updates of lists.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years; or (B) as new information becomes available. ( 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 person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. 4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. (5) On November 18, 2020, the United States House of Representatives approved without objection H. Res. 9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. (a) It is the policy of the United States to-- (1) acknowledge that Tibet was an independent country prior to the People's Republic of China's illegal occupation of Tibet's sovereign territory in 1951; (2) affirm that all territorial claims by the People's Republic of China over the area known as Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U- Tsang, are invalid and without merit; and (3) recognize that the democratically elected government of Tibet, presently named as the Central Tibetan Administration, is the only governing authority of Tibet. ( a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. ( 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 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. (2) Inadmissibility of certain individuals.-- (A) Ineligibility for visas, admission, or parole.--A foreign person included in the most recent list submitted pursuant to subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. ( In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. 3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. ( 4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. ( (8) In rejecting the seven-decade long illegal occupation of Tibet by the forces of the Chinese Communist Party, the United States of America would provide relief to a long- suffering people and reinforce its reputation as a strident defender of global human rights. ( b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. (2) Updates of lists.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years; or (B) as new information becomes available. ( 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 person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. 4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. (5) On November 18, 2020, the United States House of Representatives approved without objection H. Res. 9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. (a) It is the policy of the United States to-- (1) acknowledge that Tibet was an independent country prior to the People's Republic of China's illegal occupation of Tibet's sovereign territory in 1951; (2) affirm that all territorial claims by the People's Republic of China over the area known as Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U- Tsang, are invalid and without merit; and (3) recognize that the democratically elected government of Tibet, presently named as the Central Tibetan Administration, is the only governing authority of Tibet. ( a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. ( 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 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. (2) Inadmissibility of certain individuals.-- (A) Ineligibility for visas, admission, or parole.--A foreign person included in the most recent list submitted pursuant to subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. ( In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. ( ( (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. a) It is the policy of the United States to-- (1) acknowledge that Tibet was an independent country prior to the People's Republic of China's illegal occupation of Tibet's sovereign territory in 1951; (2) affirm that all territorial claims by the People's Republic of China over the area known as Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U- Tsang, are invalid and without merit; and (3) recognize that the democratically elected government of Tibet, presently named as the Central Tibetan Administration, is the only governing authority of Tibet. ( a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). ( b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. ( ( 3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. ( | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. ( ( (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. | To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. a) It is the policy of the United States to-- (1) acknowledge that Tibet was an independent country prior to the People's Republic of China's illegal occupation of Tibet's sovereign territory in 1951; (2) affirm that all territorial claims by the People's Republic of China over the area known as Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U- Tsang, are invalid and without merit; and (3) recognize that the democratically elected government of Tibet, presently named as the Central Tibetan Administration, is the only governing authority of Tibet. ( a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). ( b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. ( ( 3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. ( 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. ( | 1,395 |
598 | 3,801 | S.1095 | Armed Forces and National Security | Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021
This bill requires the Department of Veterans Affairs to disapprove courses of education provided by public institutions of higher learning if such institutions charge a higher rate for tuition and fees than in-state tuition for individuals who are entitled to educational assistance under the Survivors' and Dependents' Educational Assistance program. | [117th Congress Public Law 68]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 1493]]
Public Law 117-68
117th Congress
An Act
To amend title 38, United States Code, to provide for the disapproval by
the Secretary of Veterans Affairs of courses of education offered by
public institutions of higher learning that do not charge veterans the
in-State tuition rate for purposes of Survivors' and Dependents'
Educational Assistance Program, and for other purposes. <<NOTE: Nov. 30,
2021 - [S. 1095]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Colonel John M.
McHugh Tuition Fairness for Survivors Act of 2021. 38 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colonel John M. McHugh Tuition
Fairness for Survivors Act of 2021''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES
OFFERED BY PUBLIC INSTITUTIONS OF HIGHER
LEARNING THAT DO NOT CHARGE VETERANS THE IN-
STATE TUITION RATE FOR PURPOSES OF SURVIVORS'
AND DEPENDENTS' EDUCATIONAL ASSISTANCE
PROGRAM.
(a) In General.--Section 3679(c) of title 38, United States Code, is
amended--
(1) in paragraph (1), by striking ``or 33'' and inserting
``33, or 35'';
(2) in paragraph (2), by adding at the end the following new
subparagraph:
``(D) An individual who is entitled to assistance under
section 3510 of this title.''; and
(3) in paragraph (6), by striking ``and 33'' and inserting
``33, and 35''.
(b) Conforming Amendments.--Section 3679(e) of such title is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or 33'' and
inserting ``, 33, or 35''; and
(B) in subparagraph (B), by striking ``or 33'' and
inserting ``33, or 35''; and
(2) in paragraph (2), by striking ``or 33'' and inserting
``33, or 35''.
[[Page 135 STAT. 1494]]
(c) <<NOTE: Applicability. Time period. 38 USC 3679 note.>>
Effective Date.--The amendments made by this Act shall take effect on
the date of the enactment of this Act and shall apply with respect to an
academic period that begins on or after August 1, 2022.
Approved November 30, 2021.
LEGISLATIVE HISTORY--S. 1095:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 167 (2021):
June 24, considered and passed Senate.
Nov. 15, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
Nov. 30, Presidential remarks.
<all> | Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 | A bill to amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program, and for other purposes. | Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021
Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021
Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 | Sen. Moran, Jerry | R | KS | This bill requires the Department of Veterans Affairs to disapprove courses of education provided by public institutions of higher learning if such institutions charge a higher rate for tuition and fees than in-state tuition for individuals who are entitled to educational assistance under the Survivors' and Dependents' Educational Assistance program. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1493]] Public Law 117-68 117th Congress An Act To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program, and for other purposes. <<NOTE: Nov. 30, 2021 - [S. 1095]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN- STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[Page 135 STAT. 1494]] (c) <<NOTE: Applicability. Time period. 38 USC 3679 note.>> Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. Approved November 30, 2021. LEGISLATIVE HISTORY--S. 1095: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 24, considered and passed Senate. Nov. 15, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. <all> | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 30, 2021 - [S. 1095]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN- STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[Page 135 STAT. 1494]] (c) <<NOTE: Applicability. Time period. 38 USC 3679 note.>> Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. Approved November 30, 2021. LEGISLATIVE HISTORY--S. 1095: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 24, considered and passed Senate. Nov. 15, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1493]] Public Law 117-68 117th Congress An Act To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program, and for other purposes. <<NOTE: Nov. 30, 2021 - [S. 1095]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN- STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[Page 135 STAT. 1494]] (c) <<NOTE: Applicability. Time period. 38 USC 3679 note.>> Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. Approved November 30, 2021. LEGISLATIVE HISTORY--S. 1095: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 24, considered and passed Senate. Nov. 15, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. <all> | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1493]] Public Law 117-68 117th Congress An Act To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program, and for other purposes. <<NOTE: Nov. 30, 2021 - [S. 1095]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN- STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[Page 135 STAT. 1494]] (c) <<NOTE: Applicability. Time period. 38 USC 3679 note.>> Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. Approved November 30, 2021. LEGISLATIVE HISTORY--S. 1095: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 24, considered and passed Senate. Nov. 15, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. <all> | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[ 167 (2021): June 24, considered and passed Senate. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; 167 (2021): June 24, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; 167 (2021): June 24, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[ 167 (2021): June 24, considered and passed Senate. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; 167 (2021): June 24, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[ 167 (2021): June 24, considered and passed Senate. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; 167 (2021): June 24, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[ 167 (2021): June 24, considered and passed Senate. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; 167 (2021): June 24, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. | [117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title. ''; (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[ 167 (2021): June 24, considered and passed Senate. | 384 |
599 | 7,066 | H.R.1300 | Transportation and Public Works | Infrastructure Expansion Act of 2021
This bill precludes absolute liability in any action against a property owner or contractor for projects that are federally owned or operated or are receiving federal financial assistance for infrastructure and transportation development for any injury associated with an elevation- or gravity-related risk occurring on those projects. In any such claim, a state shall apply a liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury. | To preclude absolute liability in any action against a property owner
or contractor for projects receiving Federal financial assistance for
infrastructure and transportation development, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infrastructure Expansion Act of
2021''.
SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE
AND TRANSPORTATION DEVELOPMENT.
(a) No Absolute Liability on Projects Receiving Federal Financial
Assistance.--For any project for which Federal financial assistance is
used, directly or indirectly, no action on the basis of absolute
liability may be instituted by a covered person against a property
owner or a party to a contract relating to the property that is the
subject of the project for any injury associated with an elevation or
gravity related risk occurring on that project. For any project for
which Federal financial assistance is used, a State shall, for any
claim brought by a covered person otherwise available against a
property owner or contractor for any injury associated with an
elevation or gravity related risk, apply a comparative negligence
liability standard that considers the comparative negligence of the
injured person, when such negligence is a proximate cause of an injury
to a person.
(b) Definitions.--In this section:
(1) The term ``absolute liability'' means liability for a
personal injury or death that is imposed without consideration
of the responsibility of the injured person, including failure
to follow safety instructions or safe work practices in
accordance with training provided, failure to utilize provided
safety equipment or devices, impairment by the use of drugs or
alcohol, or involvement in a criminal act, when such failure,
impairment, or act is a proximate cause of an injury to such
person.
(2) The term ``covered person'' means any person who
supervises or performs any work on or who is otherwise
affiliated with a project.
(3) The term ``elevation or gravity related risk'' means a
hazard related to the effects of gravity either due to the
difference between the elevation level of the required work and
a lower level or a difference between the elevation level where
the worker is positioned and the higher level of the materials
or load being hoisted or secured.
(4) The term ``project'' means the erection, demolition,
repairing, altering, painting, cleaning or pointing of a
highway, bridge, tunnel, airport, railway, bus or railroad
station, depot, pier, building, or any other structure owned or
operated by the Federal Government or for which Federal
financial assistance is used.
(5) The term ``State'' includes a port authority, transit
agency, public toll authority, metropolitan planning
organization, or other political subdivision of a State or
local government.
(c) Workers' Compensation Laws.--Nothing in this section shall be
construed to preempt any law of a State providing for workers'
compensation.
(d) Effective Date.--This section applies to claims arising from
projects in which a State or local government accepts Federal financial
assistance on or after January 1, 2021.
<all> | Infrastructure Expansion Act of 2021 | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. | Infrastructure Expansion Act of 2021 | Rep. Jacobs, Chris | R | NY | This bill precludes absolute liability in any action against a property owner or contractor for projects that are federally owned or operated or are receiving federal financial assistance for infrastructure and transportation development for any injury associated with an elevation- or gravity-related risk occurring on those projects. In any such claim, a state shall apply a liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Expansion Act of 2021''. SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE AND TRANSPORTATION DEVELOPMENT. (a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. (2) The term ``covered person'' means any person who supervises or performs any work on or who is otherwise affiliated with a project. (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. (4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. (5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. (d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Expansion Act of 2021''. SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE AND TRANSPORTATION DEVELOPMENT. (a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. (4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. (5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Expansion Act of 2021''. SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE AND TRANSPORTATION DEVELOPMENT. (a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. (2) The term ``covered person'' means any person who supervises or performs any work on or who is otherwise affiliated with a project. (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. (4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. (5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. (d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. <all> | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Expansion Act of 2021''. SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE AND TRANSPORTATION DEVELOPMENT. (a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. (2) The term ``covered person'' means any person who supervises or performs any work on or who is otherwise affiliated with a project. (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. (4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. (5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. (d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. <all> | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. ( 5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. ( d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. ( (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. ( 4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. ( | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. ( (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. ( 4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. ( | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. ( 5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. ( d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. ( (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. ( 4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. ( | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. ( 5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. ( d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. ( (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. ( 4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. ( | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. ( 5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. ( d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. ( (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. ( 4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. ( | To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. ( 5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. ( d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. | 506 |
600 | 12,700 | H.R.6366 | Public Lands and Natural Resources | Berryessa Snow Mountain National Monument Expansion Act
This bill modifies the boundary of the Berryessa Snow Mountain National Monument to include the Walker Ridge (Molok Luyuk) Addition, which is approximately 3,925 acres of federal land administered by the Bureau of Land Management (BLM) in Lake County, California.
The Department of the Interior shall administer the addition as part of the monument.
Interior and the Department of Agriculture (USDA) shall jointly develop a comprehensive management plan for the monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015, relating to the establishment of the monument.
The BLM or the Forest Service shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian tribe regarding management of the monument pursuant to the relevant federal authority. | To modify the boundary of the Berryessa Snow Mountain National Monument
to include certain Federal land in Lake County, California, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Berryessa Snow Mountain National
Monument Expansion Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Walker ridge (molok luyuk) addition.--The term ``Walker
Ridge (Molok Luyuk) Addition'' means the approximately 3,925
acres of Federal land administered by the Bureau of Land
Management land in Lake County, California, and identified as
``Proposed Walker Ridge (Molok Luyuk) Addition'' on the Map and
all lands and interest in lands therein and objects thereon.
(2) Map.--The term ``Map'' means the map entitled
``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow
Mountain National Monument'' and dated October 26, 2021.
(3) Molok luyuk.--The term ``Molok Luyuk'' means Condor
Ridge (in the Patwin language).
(4) National monument.--The term ``National Monument''
means the Berryessa Snow Mountain National Monument established
by Presidential Proclamation 9298 of July 10, 2015 (80 Fed.
Reg. 41975 (July 15, 2015)), and all lands and interest in
lands therein and all objects thereon identified by such
Presidential Proclamation.
SEC. 3. NATIONAL MONUMENT EXPANSION.
(a) Boundary Modification.--The boundary of the National Monument
is modified to include the Walker Ridge (Molok Luyuk) Addition.
(b) Map.--
(1) Corrections.--The Secretary of the Interior may make
clerical and typographical corrections to the Map. Such
corrections shall have the same force and effect as if the
revised Map were included as part of this Act.
(2) Public availability.--The Map, and any subsequent
revised Map, shall be publicly available on the website of the
Bureau of Land Management.
(c) Administration.--Subject to valid existing rights, the
Secretary of the Interior shall administer the Walker Ridge (Molok
Luyuk) Addition--
(1) as part of the National Monument;
(2) in accordance with Presidential Proclamation 9298 of
July 10, 2015 (80 Fed. Reg. 41975 (July 15, 2015)); and
(3) in accordance with applicable laws (including
regulations).
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior and the Secretary of
Agriculture shall jointly develop a comprehensive management plan for
the National Monument in accordance with, and in a manner that fulfills
the purposes specified in, Presidential Proclamation 9298 of July 10,
2015 (80 Fed. Reg. 41975 (July 15, 2015)).
(b) Tribal Consultation.--The Secretary of the Interior and the
Secretary of Agriculture shall consult with affected federally
recognized Indian Tribes--
(1) in the development of the management plan; and
(2) to inform subsequent management decisions regarding the
National Monument.
(c) Continued Engagement With Indian Tribes.--The management plan
shall set forth parameters for continued meaningful engagement with
affected federally recognized Indian Tribes in implementation of the
management plan.
SEC. 5. AGREEMENTS AND PARTNERSHIPS.
(a) In General.--To the greatest extent practicable and in
accordance with applicable laws, the Secretary concerned shall enter
into agreements, contracts, and other similarly cooperative and
collaborative partnerships if requested by an affected federally
recognized Indian Tribe regarding management of the National Monument
pursuant to relevant Federal authority, including--
(1) the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361
et seq.);
(4) Executive Order 13175 (dated November 6, 2000);
(5) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.);
(6) section 8206 (good neighbor authority) of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
(7) Secretarial Order 3342, dated October 21, 2016; or
(8) Joint Secretarial Order 3403 (dated November 15, 2021).
(b) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means, as applicable--
(1) the Secretary of the Interior, acting through the
Director of the Bureau of Land Management; or
(2) the Secretary of Agriculture, acting through the Chief
of the Forest Service.
SEC. 6. RENAMING OF WALKER RIDGE IN LAKE AND COLUSA COUNTIES,
CALIFORNIA.
(a) In General.--The parcel of Federal land administered by the
Bureau of Land Management located in Lake and Colusa Counties in the
State of California and commonly referred to as ``Walker Ridge'' before
the date of enactment of this Act shall be known and designated as
``Condor Ridge (Molok Luyuk)''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the parcel of Federal
land described in subsection (a) shall be deemed to be a reference to
``Condor Ridge (Molok Luyuk)''.
(c) Map and Legal Description.--
(1) Preparation.--
(A) Initial map.--The Board on Geographic Names
(established by section 2 of the Act of July 25, 1947;
43 U.S.C. 364a) shall prepare a map and legal
description of the parcel of Federal land designated in
subsection (a) as Condor Ridge (Molok Luyuk).
(B) Corrections.--The Board on Geographic Names and
the Director of the Bureau of Land Management may make
clerical and typographical corrections to the map and
legal description prepared under this subsection.
(2) Consultation.--In preparing the map and legal
description under paragraph (1)(A), the Board on Geographic
Names shall consult with--
(A) the Director of the Bureau of Land Management;
and
(B) affected federally recognized Indian Tribes.
(3) Public availability.--The map and legal description and
any subsequent revised map or legal description prepared
pursuant to paragraph (1) shall be publicly available on the
website of the Board on Geographic Names, the Bureau of Land
Management, or both.
(4) Legal effect.--The map and legal description, and any
subsequent revised map or legal description prepared pursuant
to paragraph (1) shall have the same force and effect as if
included in this Act.
<all> | Berryessa Snow Mountain National Monument Expansion Act | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. | Berryessa Snow Mountain National Monument Expansion Act | Rep. Garamendi, John | D | CA | This bill modifies the boundary of the Berryessa Snow Mountain National Monument to include the Walker Ridge (Molok Luyuk) Addition, which is approximately 3,925 acres of federal land administered by the Bureau of Land Management (BLM) in Lake County, California. The Department of the Interior shall administer the addition as part of the monument. Interior and the Department of Agriculture (USDA) shall jointly develop a comprehensive management plan for the monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015, relating to the establishment of the monument. The BLM or the Forest Service shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian tribe regarding management of the monument pursuant to the relevant federal authority. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (4) National monument.--The term ``National Monument'' means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298 of July 10, 2015 (80 Fed. 41975 (July 15, 2015)), and all lands and interest in lands therein and all objects thereon identified by such Presidential Proclamation. 3. NATIONAL MONUMENT EXPANSION. (a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. Such corrections shall have the same force and effect as if the revised Map were included as part of this Act. 41975 (July 15, 2015)); and (3) in accordance with applicable laws (including regulations). 4. MANAGEMENT PLAN. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. Reg. 41975 (July 15, 2015)). (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 5. AGREEMENTS AND PARTNERSHIPS. 5301 et seq. ); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. ); (3) the Tribal Self-Governance Act of 1994 (25 U.S.C. ); (6) section 8206 (good neighbor authority) of the Agricultural Act of 2014 (16 U.S.C. 2113a); (7) Secretarial Order 3342, dated October 21, 2016; or (8) Joint Secretarial Order 3403 (dated November 15, 2021). (b) Definition of Secretary Concerned.--In this section, the term ``Secretary concerned'' means, as applicable-- (1) the Secretary of the Interior, acting through the Director of the Bureau of Land Management; or (2) the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 6. RENAMING OF WALKER RIDGE IN LAKE AND COLUSA COUNTIES, CALIFORNIA. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of Federal land described in subsection (a) shall be deemed to be a reference to ``Condor Ridge (Molok Luyuk)''. 364a) shall prepare a map and legal description of the parcel of Federal land designated in subsection (a) as Condor Ridge (Molok Luyuk). (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (4) National monument.--The term ``National Monument'' means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298 of July 10, 2015 (80 Fed. 41975 (July 15, 2015)), and all lands and interest in lands therein and all objects thereon identified by such Presidential Proclamation. 3. NATIONAL MONUMENT EXPANSION. (a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. Such corrections shall have the same force and effect as if the revised Map were included as part of this Act. 41975 (July 15, 2015)); and (3) in accordance with applicable laws (including regulations). 4. MANAGEMENT PLAN. Reg. 41975 (July 15, 2015)). (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 5. AGREEMENTS AND PARTNERSHIPS. 5301 et seq. ); (3) the Tribal Self-Governance Act of 1994 (25 U.S.C. ); (6) section 8206 (good neighbor authority) of the Agricultural Act of 2014 (16 U.S.C. 2113a); (7) Secretarial Order 3342, dated October 21, 2016; or (8) Joint Secretarial Order 3403 (dated November 15, 2021). (b) Definition of Secretary Concerned.--In this section, the term ``Secretary concerned'' means, as applicable-- (1) the Secretary of the Interior, acting through the Director of the Bureau of Land Management; or (2) the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 6. RENAMING OF WALKER RIDGE IN LAKE AND COLUSA COUNTIES, CALIFORNIA. 364a) shall prepare a map and legal description of the parcel of Federal land designated in subsection (a) as Condor Ridge (Molok Luyuk). (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (2) Map.--The term ``Map'' means the map entitled ``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument'' and dated October 26, 2021. (3) Molok luyuk.--The term ``Molok Luyuk'' means Condor Ridge (in the Patwin language). (4) National monument.--The term ``National Monument'' means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298 of July 10, 2015 (80 Fed. 41975 (July 15, 2015)), and all lands and interest in lands therein and all objects thereon identified by such Presidential Proclamation. 3. NATIONAL MONUMENT EXPANSION. (a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. Such corrections shall have the same force and effect as if the revised Map were included as part of this Act. (c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. 41975 (July 15, 2015)); and (3) in accordance with applicable laws (including regulations). 4. MANAGEMENT PLAN. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. Reg. 41975 (July 15, 2015)). (b) Tribal Consultation.--The Secretary of the Interior and the Secretary of Agriculture shall consult with affected federally recognized Indian Tribes-- (1) in the development of the management plan; and (2) to inform subsequent management decisions regarding the National Monument. (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 5. AGREEMENTS AND PARTNERSHIPS. (a) In General.--To the greatest extent practicable and in accordance with applicable laws, the Secretary concerned shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian Tribe regarding management of the National Monument pursuant to relevant Federal authority, including-- (1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq. ); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. ); (3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361 et seq. ); (4) Executive Order 13175 (dated November 6, 2000); (5) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq. ); (6) section 8206 (good neighbor authority) of the Agricultural Act of 2014 (16 U.S.C. 2113a); (7) Secretarial Order 3342, dated October 21, 2016; or (8) Joint Secretarial Order 3403 (dated November 15, 2021). (b) Definition of Secretary Concerned.--In this section, the term ``Secretary concerned'' means, as applicable-- (1) the Secretary of the Interior, acting through the Director of the Bureau of Land Management; or (2) the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 6. RENAMING OF WALKER RIDGE IN LAKE AND COLUSA COUNTIES, CALIFORNIA. (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of Federal land described in subsection (a) shall be deemed to be a reference to ``Condor Ridge (Molok Luyuk)''. 364a) shall prepare a map and legal description of the parcel of Federal land designated in subsection (a) as Condor Ridge (Molok Luyuk). (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Berryessa Snow Mountain National Monument Expansion Act''. SEC. 2. DEFINITIONS. In this Act: (1) Walker ridge (molok luyuk) addition.--The term ``Walker Ridge (Molok Luyuk) Addition'' means the approximately 3,925 acres of Federal land administered by the Bureau of Land Management land in Lake County, California, and identified as ``Proposed Walker Ridge (Molok Luyuk) Addition'' on the Map and all lands and interest in lands therein and objects thereon. (2) Map.--The term ``Map'' means the map entitled ``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument'' and dated October 26, 2021. (3) Molok luyuk.--The term ``Molok Luyuk'' means Condor Ridge (in the Patwin language). (4) National monument.--The term ``National Monument'' means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298 of July 10, 2015 (80 Fed. Reg. 41975 (July 15, 2015)), and all lands and interest in lands therein and all objects thereon identified by such Presidential Proclamation. SEC. 3. NATIONAL MONUMENT EXPANSION. (a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. Such corrections shall have the same force and effect as if the revised Map were included as part of this Act. (2) Public availability.--The Map, and any subsequent revised Map, shall be publicly available on the website of the Bureau of Land Management. (c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. Reg. 41975 (July 15, 2015)); and (3) in accordance with applicable laws (including regulations). SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. Reg. 41975 (July 15, 2015)). (b) Tribal Consultation.--The Secretary of the Interior and the Secretary of Agriculture shall consult with affected federally recognized Indian Tribes-- (1) in the development of the management plan; and (2) to inform subsequent management decisions regarding the National Monument. (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. SEC. 5. AGREEMENTS AND PARTNERSHIPS. (a) In General.--To the greatest extent practicable and in accordance with applicable laws, the Secretary concerned shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian Tribe regarding management of the National Monument pursuant to relevant Federal authority, including-- (1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361 et seq.); (4) Executive Order 13175 (dated November 6, 2000); (5) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.); (6) section 8206 (good neighbor authority) of the Agricultural Act of 2014 (16 U.S.C. 2113a); (7) Secretarial Order 3342, dated October 21, 2016; or (8) Joint Secretarial Order 3403 (dated November 15, 2021). (b) Definition of Secretary Concerned.--In this section, the term ``Secretary concerned'' means, as applicable-- (1) the Secretary of the Interior, acting through the Director of the Bureau of Land Management; or (2) the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 6. RENAMING OF WALKER RIDGE IN LAKE AND COLUSA COUNTIES, CALIFORNIA. (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of Federal land described in subsection (a) shall be deemed to be a reference to ``Condor Ridge (Molok Luyuk)''. (c) Map and Legal Description.-- (1) Preparation.-- (A) Initial map.--The Board on Geographic Names (established by section 2 of the Act of July 25, 1947; 43 U.S.C. 364a) shall prepare a map and legal description of the parcel of Federal land designated in subsection (a) as Condor Ridge (Molok Luyuk). (B) Corrections.--The Board on Geographic Names and the Director of the Bureau of Land Management may make clerical and typographical corrections to the map and legal description prepared under this subsection. (2) Consultation.--In preparing the map and legal description under paragraph (1)(A), the Board on Geographic Names shall consult with-- (A) the Director of the Bureau of Land Management; and (B) affected federally recognized Indian Tribes. (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. (4) Legal effect.--The map and legal description, and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall have the same force and effect as if included in this Act. <all> | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. 2) Map.--The term ``Map'' means the map entitled ``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument'' and dated October 26, 2021. ( (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 4) Executive Order 13175 (dated November 6, 2000); (5) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 2) Consultation.--In preparing the map and legal description under paragraph (1)(A), the Board on Geographic Names shall consult with-- (A) the Director of the Bureau of Land Management; and (B) affected federally recognized Indian Tribes. (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( 4) Legal effect.--The map and legal description, and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall have the same force and effect as if included in this Act. | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. ( c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. a) In General.--To the greatest extent practicable and in accordance with applicable laws, the Secretary concerned shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian Tribe regarding management of the National Monument pursuant to relevant Federal authority, including-- (1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. ( c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. a) In General.--To the greatest extent practicable and in accordance with applicable laws, the Secretary concerned shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian Tribe regarding management of the National Monument pursuant to relevant Federal authority, including-- (1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. 2) Map.--The term ``Map'' means the map entitled ``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument'' and dated October 26, 2021. ( (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 4) Executive Order 13175 (dated November 6, 2000); (5) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 2) Consultation.--In preparing the map and legal description under paragraph (1)(A), the Board on Geographic Names shall consult with-- (A) the Director of the Bureau of Land Management; and (B) affected federally recognized Indian Tribes. (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( 4) Legal effect.--The map and legal description, and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall have the same force and effect as if included in this Act. | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. ( c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. a) In General.--To the greatest extent practicable and in accordance with applicable laws, the Secretary concerned shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian Tribe regarding management of the National Monument pursuant to relevant Federal authority, including-- (1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. 2) Map.--The term ``Map'' means the map entitled ``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument'' and dated October 26, 2021. ( (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 4) Executive Order 13175 (dated November 6, 2000); (5) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 2) Consultation.--In preparing the map and legal description under paragraph (1)(A), the Board on Geographic Names shall consult with-- (A) the Director of the Bureau of Land Management; and (B) affected federally recognized Indian Tribes. (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( 4) Legal effect.--The map and legal description, and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall have the same force and effect as if included in this Act. | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. ( c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. a) In General.--To the greatest extent practicable and in accordance with applicable laws, the Secretary concerned shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian Tribe regarding management of the National Monument pursuant to relevant Federal authority, including-- (1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. 2) Map.--The term ``Map'' means the map entitled ``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument'' and dated October 26, 2021. ( (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 4) Executive Order 13175 (dated November 6, 2000); (5) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 2) Consultation.--In preparing the map and legal description under paragraph (1)(A), the Board on Geographic Names shall consult with-- (A) the Director of the Bureau of Land Management; and (B) affected federally recognized Indian Tribes. (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( 4) Legal effect.--The map and legal description, and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall have the same force and effect as if included in this Act. | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. a) Boundary Modification.--The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. ( c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015 (80 Fed. c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. a) In General.--To the greatest extent practicable and in accordance with applicable laws, the Secretary concerned shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian Tribe regarding management of the National Monument pursuant to relevant Federal authority, including-- (1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( | To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes. 2) Map.--The term ``Map'' means the map entitled ``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument'' and dated October 26, 2021. ( (b) Map.-- (1) Corrections.--The Secretary of the Interior may make clerical and typographical corrections to the Map. c) Administration.--Subject to valid existing rights, the Secretary of the Interior shall administer the Walker Ridge (Molok Luyuk) Addition-- (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298 of July 10, 2015 (80 Fed. (c) Continued Engagement With Indian Tribes.--The management plan shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in implementation of the management plan. 4) Executive Order 13175 (dated November 6, 2000); (5) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq. ); ( (a) In General.--The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as ``Walker Ridge'' before the date of enactment of this Act shall be known and designated as ``Condor Ridge (Molok Luyuk)''. ( 2) Consultation.--In preparing the map and legal description under paragraph (1)(A), the Board on Geographic Names shall consult with-- (A) the Director of the Bureau of Land Management; and (B) affected federally recognized Indian Tribes. (3) Public availability.--The map and legal description and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall be publicly available on the website of the Board on Geographic Names, the Bureau of Land Management, or both. ( 4) Legal effect.--The map and legal description, and any subsequent revised map or legal description prepared pursuant to paragraph (1) shall have the same force and effect as if included in this Act. | 994 |
602 | 8,855 | H.R.6374 | Armed Forces and National Security | Strengthening Supply Chains for Servicemembers and Security Act
This bill addresses Department of Defense (DOD) supply chain risk management, specifically risk management related to pharmaceuticals.
The bill requires the Office of the Under Secretary of Defense for Acquisition and Sustainment within DOD to develop and issue implementing guidance for risk management for DOD supply chains for materiel (e.g., pharmaceuticals) and identify supply chain information gaps regarding reliance on foreign suppliers of drugs.
After such guidance is issued, the Defense Health Agency must develop and publish implementing guidance for risk management for DOD's supply chain for pharmaceuticals and establish a working group to assess risks to the pharmaceutical supply chain, identify the pharmaceuticals most critical to beneficiary care at military treatment facilities, and establish policies for allocating scarce pharmaceutical resources.
Finally, the Defense Logistics Agency must modify Defense Logistics Agency Instructions 5025.03 and 3110.01 to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to test responsiveness of the agency's contingency contracts for pharmaceuticals and to include the results of the testing in the annual Warstopper Program reports. | To implement the recommendations of the Inspector General of the
Department of Defense with respect to mitigation of foreign suppliers
in the pharmaceutical supply chain of the Department of Defense.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Supply Chains for
Servicemembers and Security Act''.
SEC. 2. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY CHAINS.
(a) Risk Management for All Department of Defense Supply Chains.--
Not later than 180 days after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and Sustainment shall--
(1) develop and issue implementing guidance for risk
management for Department of Defense supply chains for materiel
for the Department, including pharmaceuticals;
(2) identify, in coordination with the Commissioner of Food
and Drugs, supply chain information gaps regarding reliance on
foreign suppliers of drugs, including active pharmaceutical
ingredients and final drug products; and
(3) submit to Congress a report regarding--
(A) existing information streams, if any, that may
be used to assess the reliance by the Department of
Defense on high-risk foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of
the Department of Defense; and
(C) any recommendations to address--
(i) information gaps identified under
paragraph (2); and
(ii) any risks related to such reliance on
foreign suppliers.
(b) Risk Management for Department of Defense Pharmaceutical Supply
Chain.--The Director of the Defense Health Agency shall--
(1) not later than one year after the issuance of the
guidance required by subsection (a)(1), develop and publish
implementing guidance for risk management for the Department of
Defense supply chain for pharmaceuticals; and
(2) establish a working group--
(A) to assess risks to the pharmaceutical supply
chain;
(B) to identify the pharmaceuticals most critical
to beneficiary care at military treatment facilities;
and
(C) to establish policies for allocating scarce
pharmaceutical resources in case of a supply
disruption.
(c) Responsiveness Testing of Defense Logistics Agency
Pharmaceutical Contracts.--The Director of the Defense Logistics Agency
shall modify Defense Logistics Agency Instructions 5025.03 and
3110.01--
(1) to require Defense Logistics Agency Troop Support to
coordinate annually with customers in the military departments
to conduct responsiveness testing of the Defense Logistics
Agency's contingency contracts for pharmaceuticals; and
(2) to include the results of that testing, as reported by
customers in the military departments, in the annual reports of
the Warstopper Program.
<all> | Strengthening Supply Chains for Servicemembers and Security Act | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. | Strengthening Supply Chains for Servicemembers and Security Act | Rep. Houlahan, Chrissy | D | PA | This bill addresses Department of Defense (DOD) supply chain risk management, specifically risk management related to pharmaceuticals. The bill requires the Office of the Under Secretary of Defense for Acquisition and Sustainment within DOD to develop and issue implementing guidance for risk management for DOD supply chains for materiel (e.g., pharmaceuticals) and identify supply chain information gaps regarding reliance on foreign suppliers of drugs. After such guidance is issued, the Defense Health Agency must develop and publish implementing guidance for risk management for DOD's supply chain for pharmaceuticals and establish a working group to assess risks to the pharmaceutical supply chain, identify the pharmaceuticals most critical to beneficiary care at military treatment facilities, and establish policies for allocating scarce pharmaceutical resources. Finally, the Defense Logistics Agency must modify Defense Logistics Agency Instructions 5025.03 and 3110.01 to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to test responsiveness of the agency's contingency contracts for pharmaceuticals and to include the results of the testing in the annual Warstopper Program reports. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. SEC. 2. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY CHAINS. (a) Risk Management for All Department of Defense Supply Chains.-- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall-- (1) develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals; (2) identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and (3) submit to Congress a report regarding-- (A) existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs; (B) vulnerabilities in the drug supply chains of the Department of Defense; and (C) any recommendations to address-- (i) information gaps identified under paragraph (2); and (ii) any risks related to such reliance on foreign suppliers. (b) Risk Management for Department of Defense Pharmaceutical Supply Chain.--The Director of the Defense Health Agency shall-- (1) not later than one year after the issuance of the guidance required by subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and (2) establish a working group-- (A) to assess risks to the pharmaceutical supply chain; (B) to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and (C) to establish policies for allocating scarce pharmaceutical resources in case of a supply disruption. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. <all> | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. SEC. 2. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY CHAINS. (a) Risk Management for All Department of Defense Supply Chains.-- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall-- (1) develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals; (2) identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and (3) submit to Congress a report regarding-- (A) existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs; (B) vulnerabilities in the drug supply chains of the Department of Defense; and (C) any recommendations to address-- (i) information gaps identified under paragraph (2); and (ii) any risks related to such reliance on foreign suppliers. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. SEC. 2. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY CHAINS. (a) Risk Management for All Department of Defense Supply Chains.-- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall-- (1) develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals; (2) identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and (3) submit to Congress a report regarding-- (A) existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs; (B) vulnerabilities in the drug supply chains of the Department of Defense; and (C) any recommendations to address-- (i) information gaps identified under paragraph (2); and (ii) any risks related to such reliance on foreign suppliers. (b) Risk Management for Department of Defense Pharmaceutical Supply Chain.--The Director of the Defense Health Agency shall-- (1) not later than one year after the issuance of the guidance required by subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and (2) establish a working group-- (A) to assess risks to the pharmaceutical supply chain; (B) to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and (C) to establish policies for allocating scarce pharmaceutical resources in case of a supply disruption. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. <all> | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. SEC. 2. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY CHAINS. (a) Risk Management for All Department of Defense Supply Chains.-- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall-- (1) develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals; (2) identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and (3) submit to Congress a report regarding-- (A) existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs; (B) vulnerabilities in the drug supply chains of the Department of Defense; and (C) any recommendations to address-- (i) information gaps identified under paragraph (2); and (ii) any risks related to such reliance on foreign suppliers. (b) Risk Management for Department of Defense Pharmaceutical Supply Chain.--The Director of the Defense Health Agency shall-- (1) not later than one year after the issuance of the guidance required by subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and (2) establish a working group-- (A) to assess risks to the pharmaceutical supply chain; (B) to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and (C) to establish policies for allocating scarce pharmaceutical resources in case of a supply disruption. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. <all> | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. (c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense. This Act may be cited as the ``Strengthening Supply Chains for Servicemembers and Security Act''. c) Responsiveness Testing of Defense Logistics Agency Pharmaceutical Contracts.--The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | 415 |
608 | 8,053 | H.R.2252 | Civil Rights and Liberties, Minority Issues | Emmett Till and Mamie Till-Mobley Congressional Gold Medal Act of 2021
This bill provides for the posthumous presentation of a Congressional Gold Medal in commemoration of Emmett Till and Mamie Till-Mobley.
After the award the medal shall be given to the National Museum of African American History and Culture. | To award posthumously the Congressional Gold Medal to Emmett Till and
Mamie Till-Mobley.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emmett Till and Mamie Till-Mobley
Congressional Gold Medal Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The brutal lynching of Emmett Till and the subsequent
bravery and boldness of his mother, Mamie Till-Mobley, became a
catalyst for the civil rights movement.
(2) On August 28, 1955, 14-year-old Emmett Till was
kidnapped, beaten, and shot in Money, Mississippi, where he had
traveled from Chicago to stay with his great uncle, Moses
Wright.
(3) The corpse of Emmett Till was discovered 3 days later
in the Tallahatchie River and his murderers were acquitted
despite Moses Wright providing an eyewitness testimony that the
men on trial kidnapped Emmett Till.
(4) Mamie Till-Mobley, the mother of Emmett Till,
demonstrated her love for her son and her courage and strength
in suffering in the days that followed as she brought the body
of Emmett Till back to Chicago for burial and demanded an open
casket funeral, which drew more than 50,000 attendees.
(5) Mamie Till-Mobley further allowed a photograph to be
taken of Emmett Till in his casket, which was shown throughout
the world.
(6) The original casket of Emmett Till stands on display at
the National Museum of African American History and Culture as
an enduring reminder of the racial violence that is a part of
the history of the United States that the people of the United
States must confront.
(7) The heroic actions of Mamie Till-Mobley in the midst of
evil, injustice, and grief became a catalyst for the civil
rights movement and continued in the years to come as she
worked for justice and honored the legacy of Emmett Till.
(8) Mamie Till-Mobley went on to create the Emmett Till
Players, which was a significant national cultural contribution
as teenagers traveled throughout the country presenting Martin
Luther King, Jr., speeches in the name of Emmett Till.
(9) Mamie Till-Mobley also served as chair and co-founder
of the Emmett Till Justice Campaign, which had the dual mission
of reopening the murder of Emmett Till for a reinvestigation
and a passage into law of Federal legislation to ensure that
other racially motivated murders during the civil rights era
were investigated and, when possible, prosecuted.
(10) The efforts of the Emmett Till Justice Campaign led to
the successful joint investigation by the State of Mississippi,
the Federal Bureau of Investigation, and the Department of
Justice in 2004, the passage of the Emmett Till Unsolved Civil
Rights Crime Act of 2007 (Public Law 110-344; 122 Stat. 3934),
signed into law by President George W. Bush, and the Emmett
Till Unsolved Civil Rights Crimes Reauthorization Act of 2016
(Public Law 114-325; 130 Stat. 1965), signed into law by
President Barack Obama.
(11) The people of the United States honor the legacy of
Emmett Till and the incredible suffering and equally incredible
courage, resilience, and efforts of Mamie Till-Mobley that led
to the civil rights movement that began in the 1950s.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
Congress, of a gold medal of appropriate design in commemoration of
Emmett Till and Mamie Till-Mobley.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Award of Medal.--
(1) In general.--After the award of the gold medal referred
to in subsection (a), the gold medal shall be given to the
National Museum of African American History and Culture, where
it shall be displayed as appropriate.
(2) Sense of congress.--It is the sense of Congress that
the National Museum of African American History and Culture
should make the gold medal received under paragraph (1)
available for display elsewhere, particularly at other
locations and events associated with Emmett Till and Mamie
Till-Mobley.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
<all> | Emmett Till and Mamie Till-Mobley Congressional Gold Medal Act of 2021 | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. | Emmett Till and Mamie Till-Mobley Congressional Gold Medal Act of 2021 | Rep. Rush, Bobby L. | D | IL | This bill provides for the posthumous presentation of a Congressional Gold Medal in commemoration of Emmett Till and Mamie Till-Mobley. After the award the medal shall be given to the National Museum of African American History and Culture. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (2) On August 28, 1955, 14-year-old Emmett Till was kidnapped, beaten, and shot in Money, Mississippi, where he had traveled from Chicago to stay with his great uncle, Moses Wright. (4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. (7) The heroic actions of Mamie Till-Mobley in the midst of evil, injustice, and grief became a catalyst for the civil rights movement and continued in the years to come as she worked for justice and honored the legacy of Emmett Till. (8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. (10) The efforts of the Emmett Till Justice Campaign led to the successful joint investigation by the State of Mississippi, the Federal Bureau of Investigation, and the Department of Justice in 2004, the passage of the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Public Law 110-344; 122 Stat. 1965), signed into law by President Barack Obama. 3. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (2) On August 28, 1955, 14-year-old Emmett Till was kidnapped, beaten, and shot in Money, Mississippi, where he had traveled from Chicago to stay with his great uncle, Moses Wright. (4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. (7) The heroic actions of Mamie Till-Mobley in the midst of evil, injustice, and grief became a catalyst for the civil rights movement and continued in the years to come as she worked for justice and honored the legacy of Emmett Till. (10) The efforts of the Emmett Till Justice Campaign led to the successful joint investigation by the State of Mississippi, the Federal Bureau of Investigation, and the Department of Justice in 2004, the passage of the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Public Law 110-344; 122 Stat. 1965), signed into law by President Barack Obama. 3. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. DUPLICATE MEDALS. SEC. 5. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (2) On August 28, 1955, 14-year-old Emmett Till was kidnapped, beaten, and shot in Money, Mississippi, where he had traveled from Chicago to stay with his great uncle, Moses Wright. (3) The corpse of Emmett Till was discovered 3 days later in the Tallahatchie River and his murderers were acquitted despite Moses Wright providing an eyewitness testimony that the men on trial kidnapped Emmett Till. (4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. (5) Mamie Till-Mobley further allowed a photograph to be taken of Emmett Till in his casket, which was shown throughout the world. (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. (7) The heroic actions of Mamie Till-Mobley in the midst of evil, injustice, and grief became a catalyst for the civil rights movement and continued in the years to come as she worked for justice and honored the legacy of Emmett Till. (8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. (10) The efforts of the Emmett Till Justice Campaign led to the successful joint investigation by the State of Mississippi, the Federal Bureau of Investigation, and the Department of Justice in 2004, the passage of the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Public Law 110-344; 122 Stat. 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114-325; 130 Stat. 1965), signed into law by President Barack Obama. (11) The people of the United States honor the legacy of Emmett Till and the incredible suffering and equally incredible courage, resilience, and efforts of Mamie Till-Mobley that led to the civil rights movement that began in the 1950s. 3. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Emmett Till and Mamie Till-Mobley. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emmett Till and Mamie Till-Mobley Congressional Gold Medal Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The brutal lynching of Emmett Till and the subsequent bravery and boldness of his mother, Mamie Till-Mobley, became a catalyst for the civil rights movement. (2) On August 28, 1955, 14-year-old Emmett Till was kidnapped, beaten, and shot in Money, Mississippi, where he had traveled from Chicago to stay with his great uncle, Moses Wright. (3) The corpse of Emmett Till was discovered 3 days later in the Tallahatchie River and his murderers were acquitted despite Moses Wright providing an eyewitness testimony that the men on trial kidnapped Emmett Till. (4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. (5) Mamie Till-Mobley further allowed a photograph to be taken of Emmett Till in his casket, which was shown throughout the world. (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. (7) The heroic actions of Mamie Till-Mobley in the midst of evil, injustice, and grief became a catalyst for the civil rights movement and continued in the years to come as she worked for justice and honored the legacy of Emmett Till. (8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. (10) The efforts of the Emmett Till Justice Campaign led to the successful joint investigation by the State of Mississippi, the Federal Bureau of Investigation, and the Department of Justice in 2004, the passage of the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Public Law 110-344; 122 Stat. 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114-325; 130 Stat. 1965), signed into law by President Barack Obama. (11) The people of the United States honor the legacy of Emmett Till and the incredible suffering and equally incredible courage, resilience, and efforts of Mamie Till-Mobley that led to the civil rights movement that began in the 1950s. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Emmett Till and Mamie Till-Mobley. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal.-- (1) In general.--After the award of the gold medal referred to in subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, where it shall be displayed as appropriate. (2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. <all> | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. ( 8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. ( 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114-325; 130 Stat. c) Award of Medal.-- (1) In general.--After the award of the gold medal referred to in subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, where it shall be displayed as appropriate. (2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. ( 2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. ( 2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. ( 8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. ( 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114-325; 130 Stat. c) Award of Medal.-- (1) In general.--After the award of the gold medal referred to in subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, where it shall be displayed as appropriate. (2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. ( 2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. ( 8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. ( 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114-325; 130 Stat. c) Award of Medal.-- (1) In general.--After the award of the gold medal referred to in subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, where it shall be displayed as appropriate. (2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. ( 2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. ( 8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. ( 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114-325; 130 Stat. c) Award of Medal.-- (1) In general.--After the award of the gold medal referred to in subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, where it shall be displayed as appropriate. (2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (9) Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted. ( 2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( | To award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley. 4) Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees. ( (6) The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront. ( 8) Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till. ( 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114-325; 130 Stat. c) Award of Medal.-- (1) In general.--After the award of the gold medal referred to in subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, where it shall be displayed as appropriate. (2) Sense of congress.--It is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley. b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | 834 |
609 | 1,806 | S.1188 | Armed Forces and National Security | SFC Heath Robinson Burn Pit Transparency Act
This bill implements reporting requirements and policies related to the treatment and documentation of veterans who have been exposed to open burn pits. A burn pit is an area used for burning solid waste in open air without equipment.
First, the bill requires the Department of Veterans Affairs (VA) to submit quarterly reports on veterans' burn pit exposure
The bill also requires the VA to collaborate with the Department of Defense to submit an annual report detailing specified information about veterans who have been exposed to open burn pits, such as the number of claims for disability compensation approved and denied (including the rationale for denials).
The bill authorizes the survivor of a deceased veteran to report a veteran's exposure to toxic substances from an open burn pit in the Airborne Hazards and Open Burn Pit Registry, even if the veteran was not included prior to their death.
VA medical professionals must inform veterans of the registry if they present at a medical facility for treatment related to exposure to toxic chemicals by open burn pits.
Finally, the Government Accountability Office must report on the effectiveness of any memorandum of understanding entered into by the VA with respect to the processing of reported cases of burn pit exposure and the coordination of care and provision of health care related to such cases at VA and non-VA facilities. | To direct the Secretary of Veterans Affairs to notify Congress
regularly of reported cases of burn pit exposure by veterans, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SFC Heath Robinson Burn Pit
Transparency Act''.
SEC. 2. NOTIFICATIONS AND REPORTS REGARDING REPORTED CASES OF BURN PIT
EXPOSURE.
(a) Quarterly Notifications.--
(1) In general.--On a quarterly basis, the Secretary of
Veterans Affairs shall submit to the appropriate congressional
committees a report on each reported case of burn pit exposure
by a covered veteran reported during the previous quarter.
(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to each reported case of burn pit
exposure of a covered veteran included in the report, the
following:
(A) Notice of the case, including the medical
facility at which the case was reported.
(B) Notice of, as available--
(i) the enrollment status of the covered
veteran with respect to the patient enrollment
system of the Department of Veterans Affairs
under section 1705(a) of title 38, United
States Code;
(ii) a summary of all health care visits by
the covered veteran at the medical facility at
which the case was reported that are related to
the case;
(iii) the demographics of the covered
veteran, including age, sex, and race;
(iv) any non-Department of Veterans Affairs
health care benefits that the covered veteran
receives;
(v) the Armed Force in which the covered
veteran served and the rank of the covered
veteran;
(vi) the period in which the covered
veteran served;
(vii) each location of an open burn pit
from which the covered veteran was exposed to
toxic airborne chemicals and fumes during such
service;
(viii) the medical diagnoses of the covered
veteran and the treatment provided to the
veteran; and
(ix) whether the covered veteran is
registered in the Airborne Hazards and Open
Burn Pit Registry.
(3) Protection of information.--The Secretary shall ensure
that the reports submitted under paragraph (1) do not include
the identity of covered veterans or contain other personally
identifiable data.
(b) Annual Report on Cases.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Veterans Affairs, in collaboration with the
Secretary of Defense, shall submit to the appropriate
congressional committees a report detailing the following:
(A) The total number of covered veterans.
(B) The total number of claims for disability
compensation under chapter 11 of title 38, United
States Code, approved and the total number denied by
the Secretary of Veterans Affairs with respect to a
covered veteran, and for each such denial, the
rationale of the denial.
(C) A comprehensive list of--
(i) the conditions for which covered
veterans seek treatment; and
(ii) the locations of the open burn pits
from which the covered veterans were exposed to
toxic airborne chemicals and fumes.
(D) Identification of any illnesses relating to
exposure to open burn pits that formed the basis for
the Secretary to award benefits, including entitlement
to service connection or an increase in disability
rating.
(E) The total number of covered veterans who died
after seeking care for an illness relating to exposure
to an open burn pit.
(F) Any updates or trends with respect to the
information described in subparagraphs (A), (B), (C),
(D), and (E) that the Secretary determines appropriate.
(2) Matters included in first report.--The Secretary shall
include in the first report under paragraph (1) information
specified in subsection (a)(2) with respect to reported cases
of burn pit exposure made during the period beginning January
1, 1990, and ending on the day before the date of the enactment
of this Act.
(c) Inclusion of Information After Death and Provision of
Information Regarding Open Burn Pit Registry.--Section 201(a) of the
Dignified Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note) is amended by adding at the
end the following new paragraphs:
``(3) Reporting of information after death.--The Secretary
of Veterans Affairs shall permit a survivor of a deceased
veteran to report to the registry under paragraph (1) the
exposure of the veteran to toxic airborne chemicals and fumes
caused by an open burn pit, even if such veteran was not
included in the registry before their death.
``(4) Information regarding registry.--
``(A) Notice.--The Secretary of Veterans Affairs
shall ensure that a medical professional of the
Department of Veterans Affairs informs a veteran of the
registry under paragraph (1) if the veteran presents at
a medical facility of the Department for treatment that
the veteran describes as being related to, or ancillary
to, the exposure of the veteran to toxic airborne
chemicals and fumes caused by open burn pits.
``(B) Display.--In making information public
regarding the number of participants in the registry
under paragraph (1), the Secretary shall display such
numbers by both State and by congressional district.''.
(d) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional committees
a report containing an assessment of the effectiveness of any
memorandum of understanding or memorandum of agreement entered into by
the Secretary of Veterans Affairs with respect to--
(1) the processing of reported cases of burn pit exposure;
and
(2) the coordination of care and provision of health care
relating to such cases at medical facilities of the Department
of Veterans Affairs and at non-Department facilities.
(e) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law
112-260; 38 U.S.C. 527 note).
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Veterans' Affairs and the
Committee on Armed Services of the Senate; and
(B) The Committee on Veterans' Affairs and the
Committee on Armed Services of the House of
Representatives.
(3) The term ``covered veteran'' means a veteran who
presents at a medical facility of the Department of Veterans
Affairs (or in a non-Department facility pursuant to section
1703 or 1703A of title 38, United States Code) for treatment
that the veteran describes as being related to, or ancillary
to, the exposure of the veteran to toxic airborne chemicals and
fumes caused by open burn pits at any time while serving in the
Armed Forces.
(4) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
(5) The term ``reported case of burn pit exposure'' means
each instance in which a veteran presents at a medical facility
of the Department of Veterans Affairs (or in a non-Department
facility pursuant to section 1703 or 1703A of title 38, United
States Code) for treatment that the veteran describes as being
related to, or ancillary to, the exposure of the veteran to
toxic airborne chemicals and fumes caused by open burn pits at
any time while serving in the Armed Forces.
<all> | SFC Heath Robinson Burn Pit Transparency Act | A bill to direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. | SFC Heath Robinson Burn Pit Transparency Act | Sen. Brown, Sherrod | D | OH | This bill implements reporting requirements and policies related to the treatment and documentation of veterans who have been exposed to open burn pits. A burn pit is an area used for burning solid waste in open air without equipment. First, the bill requires the Department of Veterans Affairs (VA) to submit quarterly reports on veterans' burn pit exposure The bill also requires the VA to collaborate with the Department of Defense to submit an annual report detailing specified information about veterans who have been exposed to open burn pits, such as the number of claims for disability compensation approved and denied (including the rationale for denials). The bill authorizes the survivor of a deceased veteran to report a veteran's exposure to toxic substances from an open burn pit in the Airborne Hazards and Open Burn Pit Registry, even if the veteran was not included prior to their death. VA medical professionals must inform veterans of the registry if they present at a medical facility for treatment related to exposure to toxic chemicals by open burn pits. Finally, the Government Accountability Office must report on the effectiveness of any memorandum of understanding entered into by the VA with respect to the processing of reported cases of burn pit exposure and the coordination of care and provision of health care related to such cases at VA and non-VA facilities. | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. SHORT TITLE. This Act may be cited as the ``SFC Heath Robinson Burn Pit Transparency Act''. SEC. 2. (3) Protection of information.--The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. (C) A comprehensive list of-- (i) the conditions for which covered veterans seek treatment; and (ii) the locations of the open burn pits from which the covered veterans were exposed to toxic airborne chemicals and fumes. (D) Identification of any illnesses relating to exposure to open burn pits that formed the basis for the Secretary to award benefits, including entitlement to service connection or an increase in disability rating. (F) Any updates or trends with respect to the information described in subparagraphs (A), (B), (C), (D), and (E) that the Secretary determines appropriate. ``(B) Display.--In making information public regarding the number of participants in the registry under paragraph (1), the Secretary shall display such numbers by both State and by congressional district.''. (d) Comptroller General Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing an assessment of the effectiveness of any memorandum of understanding or memorandum of agreement entered into by the Secretary of Veterans Affairs with respect to-- (1) the processing of reported cases of burn pit exposure; and (2) the coordination of care and provision of health care relating to such cases at medical facilities of the Department of Veterans Affairs and at non-Department facilities. (2) The term ``appropriate congressional committees'' means-- (A) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate; and (B) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. (4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. SHORT TITLE. SEC. 2. (3) Protection of information.--The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. (C) A comprehensive list of-- (i) the conditions for which covered veterans seek treatment; and (ii) the locations of the open burn pits from which the covered veterans were exposed to toxic airborne chemicals and fumes. ``(B) Display.--In making information public regarding the number of participants in the registry under paragraph (1), the Secretary shall display such numbers by both State and by congressional district.''. (d) Comptroller General Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing an assessment of the effectiveness of any memorandum of understanding or memorandum of agreement entered into by the Secretary of Veterans Affairs with respect to-- (1) the processing of reported cases of burn pit exposure; and (2) the coordination of care and provision of health care relating to such cases at medical facilities of the Department of Veterans Affairs and at non-Department facilities. (2) The term ``appropriate congressional committees'' means-- (A) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate; and (B) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. SHORT TITLE. This Act may be cited as the ``SFC Heath Robinson Burn Pit Transparency Act''. SEC. 2. (3) Protection of information.--The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. (C) A comprehensive list of-- (i) the conditions for which covered veterans seek treatment; and (ii) the locations of the open burn pits from which the covered veterans were exposed to toxic airborne chemicals and fumes. (D) Identification of any illnesses relating to exposure to open burn pits that formed the basis for the Secretary to award benefits, including entitlement to service connection or an increase in disability rating. (F) Any updates or trends with respect to the information described in subparagraphs (A), (B), (C), (D), and (E) that the Secretary determines appropriate. (2) Matters included in first report.--The Secretary shall include in the first report under paragraph (1) information specified in subsection (a)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. 527 note) is amended by adding at the end the following new paragraphs: ``(3) Reporting of information after death.--The Secretary of Veterans Affairs shall permit a survivor of a deceased veteran to report to the registry under paragraph (1) the exposure of the veteran to toxic airborne chemicals and fumes caused by an open burn pit, even if such veteran was not included in the registry before their death. ``(B) Display.--In making information public regarding the number of participants in the registry under paragraph (1), the Secretary shall display such numbers by both State and by congressional district.''. (d) Comptroller General Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing an assessment of the effectiveness of any memorandum of understanding or memorandum of agreement entered into by the Secretary of Veterans Affairs with respect to-- (1) the processing of reported cases of burn pit exposure; and (2) the coordination of care and provision of health care relating to such cases at medical facilities of the Department of Veterans Affairs and at non-Department facilities. (2) The term ``appropriate congressional committees'' means-- (A) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate; and (B) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. (4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``SFC Heath Robinson Burn Pit Transparency Act''. SEC. 2. (a) Quarterly Notifications.-- (1) In general.--On a quarterly basis, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on each reported case of burn pit exposure by a covered veteran reported during the previous quarter. (B) Notice of, as available-- (i) the enrollment status of the covered veteran with respect to the patient enrollment system of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code; (ii) a summary of all health care visits by the covered veteran at the medical facility at which the case was reported that are related to the case; (iii) the demographics of the covered veteran, including age, sex, and race; (iv) any non-Department of Veterans Affairs health care benefits that the covered veteran receives; (v) the Armed Force in which the covered veteran served and the rank of the covered veteran; (vi) the period in which the covered veteran served; (vii) each location of an open burn pit from which the covered veteran was exposed to toxic airborne chemicals and fumes during such service; (viii) the medical diagnoses of the covered veteran and the treatment provided to the veteran; and (ix) whether the covered veteran is registered in the Airborne Hazards and Open Burn Pit Registry. (3) Protection of information.--The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. (B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. (C) A comprehensive list of-- (i) the conditions for which covered veterans seek treatment; and (ii) the locations of the open burn pits from which the covered veterans were exposed to toxic airborne chemicals and fumes. (D) Identification of any illnesses relating to exposure to open burn pits that formed the basis for the Secretary to award benefits, including entitlement to service connection or an increase in disability rating. (E) The total number of covered veterans who died after seeking care for an illness relating to exposure to an open burn pit. (F) Any updates or trends with respect to the information described in subparagraphs (A), (B), (C), (D), and (E) that the Secretary determines appropriate. (2) Matters included in first report.--The Secretary shall include in the first report under paragraph (1) information specified in subsection (a)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. 527 note) is amended by adding at the end the following new paragraphs: ``(3) Reporting of information after death.--The Secretary of Veterans Affairs shall permit a survivor of a deceased veteran to report to the registry under paragraph (1) the exposure of the veteran to toxic airborne chemicals and fumes caused by an open burn pit, even if such veteran was not included in the registry before their death. ``(B) Display.--In making information public regarding the number of participants in the registry under paragraph (1), the Secretary shall display such numbers by both State and by congressional district.''. (d) Comptroller General Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing an assessment of the effectiveness of any memorandum of understanding or memorandum of agreement entered into by the Secretary of Veterans Affairs with respect to-- (1) the processing of reported cases of burn pit exposure; and (2) the coordination of care and provision of health care relating to such cases at medical facilities of the Department of Veterans Affairs and at non-Department facilities. (e) Definitions.--In this section: (1) The term ``Airborne Hazards and Open Burn Pit Registry'' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. (2) The term ``appropriate congressional committees'' means-- (A) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate; and (B) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. (4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. 3) Protection of information.--The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. ( B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. ( (2) Matters included in first report.--The Secretary shall include in the first report under paragraph (1) information specified in subsection (a)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. ( ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. ``(B) Display.--In making information public regarding the number of participants in the registry under paragraph (1), the Secretary shall display such numbers by both State and by congressional district.''. ( e) Definitions.--In this section: (1) The term ``Airborne Hazards and Open Burn Pit Registry'' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. ( (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. ( B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. ( 527 note) is amended by adding at the end the following new paragraphs: ``(3) Reporting of information after death.--The Secretary of Veterans Affairs shall permit a survivor of a deceased veteran to report to the registry under paragraph (1) the exposure of the veteran to toxic airborne chemicals and fumes caused by an open burn pit, even if such veteran was not included in the registry before their death. ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. ( (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. ( B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. ( 527 note) is amended by adding at the end the following new paragraphs: ``(3) Reporting of information after death.--The Secretary of Veterans Affairs shall permit a survivor of a deceased veteran to report to the registry under paragraph (1) the exposure of the veteran to toxic airborne chemicals and fumes caused by an open burn pit, even if such veteran was not included in the registry before their death. ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. 3) Protection of information.--The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. ( B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. ( (2) Matters included in first report.--The Secretary shall include in the first report under paragraph (1) information specified in subsection (a)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. ( ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. ``(B) Display.--In making information public regarding the number of participants in the registry under paragraph (1), the Secretary shall display such numbers by both State and by congressional district.''. ( e) Definitions.--In this section: (1) The term ``Airborne Hazards and Open Burn Pit Registry'' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. ( (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. ( B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. ( 527 note) is amended by adding at the end the following new paragraphs: ``(3) Reporting of information after death.--The Secretary of Veterans Affairs shall permit a survivor of a deceased veteran to report to the registry under paragraph (1) the exposure of the veteran to toxic airborne chemicals and fumes caused by an open burn pit, even if such veteran was not included in the registry before their death. ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. 3) Protection of information.--The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. ( B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. ( (2) Matters included in first report.--The Secretary shall include in the first report under paragraph (1) information specified in subsection (a)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. ( ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. ``(B) Display.--In making information public regarding the number of participants in the registry under paragraph (1), the Secretary shall display such numbers by both State and by congressional district.''. ( e) Definitions.--In this section: (1) The term ``Airborne Hazards and Open Burn Pit Registry'' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. ( (b) Annual Report on Cases.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. ( B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. ( 527 note) is amended by adding at the end the following new paragraphs: ``(3) Reporting of information after death.--The Secretary of Veterans Affairs shall permit a survivor of a deceased veteran to report to the registry under paragraph (1) the exposure of the veteran to toxic airborne chemicals and fumes caused by an open burn pit, even if such veteran was not included in the registry before their death. ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. ( (2) Matters included in first report.--The Secretary shall include in the first report under paragraph (1) information specified in subsection (a)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. ( ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. ( (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | To direct the Secretary of Veterans Affairs to notify Congress regularly of reported cases of burn pit exposure by veterans, and for other purposes. 2) Elements.--Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. ( (2) Matters included in first report.--The Secretary shall include in the first report under paragraph (1) information specified in subsection (a)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. ( ``(4) Information regarding registry.-- ``(A) Notice.--The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the registry under paragraph (1) if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits. ( (3) The term ``covered veteran'' means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. ( 4) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ( | 1,230 |
611 | 3,553 | S.983 | Health | Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill requires the Centers for Medicare and Medicaid Services (CMS) to develop a public health insurance option that meets all federal plan requirements and is available on state and federal health insurance exchanges. Specifically, the CMS must offer silver and gold plans, may offer bronze plans, and must include all essential benefits, consumer protections, and cost-sharing limitations in each plan.
The CMS may contract with a third party to administer the public option plans and states may establish advisory councils to make recommendations to the CMS about the operation and policies of such plans. Further, the CMS must establish geographically adjusted premiums and negotiate provider payment rates for services and prescription drugs covered the plans. If a payment rate cannot be negotiated, the CMS must pay the amount for such service as required under traditional Medicare. Medicare and Medicaid providers are automatically participants in public option plans unless they opt out, and providers not participating in Medicare or Medicaid may opt in.
| To amend the Patient Protection and Affordable Care Act to establish a
public health insurance option, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Health Options and
Insurance Competition Enhancement Act'' or the ``CHOICE Act''.
SEC. 2. PUBLIC HEALTH INSURANCE OPTION.
(a) In General.--Part 2 of subtitle D of title I of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031 et seq.) is amended
by adding at the end the following:
``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION.
``(a) Establishment.--
``(1) In general.--For plans years beginning on or after
January 1, 2023, the Secretary shall establish, and provide for
the offering through the Exchanges of, a qualified health plan
(in this section referred to as the `public health insurance
option') that provides value, choice, competition, and
stability of affordable, high-quality coverage throughout the
United States in accordance with this section.
``(2) Primary responsibility.--In designing the public
health insurance option, the primary responsibility of the
Secretary shall be to create an affordable health plan without
compromising quality or access to care.
``(b) Administrating the Public Health Insurance Option.--
``(1) Offered through exchanges.--
``(A) Exclusive to exchanges.--The public health
insurance option shall be offered exclusively by the
Secretary through the Exchanges and not by a health
insurance issuer.
``(B) Ensuring a level playing field.--Except as
otherwise provided under this section, the public
health insurance option shall comply with requirements
under this title, and title XXVII of the Public Health
Service Act, that are applicable to health plans
offered through the Exchanges, including requirements
related to benefits, benefit levels, provider networks,
notices, consumer protections, and cost-sharing.
``(C) Provision of benefit levels.--The public
health insurance option shall offer bronze, silver, and
gold plans.
``(2) Administrative contracting.--
``(A) Authorities.--The Secretary may enter into
contracts for the purpose of performing administrative
functions (including functions described in subsection
(a)(4) of section 1874A of the Social Security Act)
with respect to the public health insurance option in
the same manner as the Secretary may enter into
contracts under subsection (a)(1) of such section. The
Secretary shall have the same authority with respect to
the public health insurance option as the Secretary has
under such subsection (a)(1) and subsection (b) of
section 1874A of the Social Security Act with respect
to title XVIII of such Act.
``(B) Transfer of insurance risk.--Any contract
under this paragraph shall not involve the transfer of
insurance risk from the Secretary to the entity
entering into such contract with the Secretary.
``(3) State advisory council.--
``(A) Establishment.--A State may establish a
public or nonprofit entity to serve as the State
Advisory Council to provide recommendations to the
Secretary on the operations and policies of the public
health insurance option offered through the Exchange
operating in the State.
``(B) Recommendations.--A State Advisory Council
established under subparagraph (A) shall provide
recommendations on at least the following:
``(i) Policies and procedures to integrate
quality improvement and cost containment
mechanisms into the health care delivery
system.
``(ii) Mechanisms to facilitate public
awareness of the availability of the public
health insurance option.
``(iii) Alternative payment models and
value-based insurance design under the public
health insurance option that encourage quality
improvement and cost control.
``(C) Members.--The members of any State Advisory
Council shall be representatives of the public and
include health care consumers and health care
providers.
``(D) Applicability of recommendations.--The
Secretary may apply the recommendations of a State
Advisory Council to the public health insurance option
in that State, in any other State, or in all States.
``(4) Data collection.--The Secretary shall collect such
data as may be required--
``(A) to establish rates for premiums and health
care provider reimbursement under subsection (c); and
``(B) for other purposes under this section,
including to improve quality, and reduce racial,
ethnic, and other disparities, in health and health
care.
``(c) Financing the Public Health Insurance Option.--
``(1) Premiums.--
``(A) Establishment.--The Secretary shall establish
geographically adjusted premium rates for the public
health insurance option--
``(i) in a manner that complies with the
requirement for premium rates under
subparagraph (C) and considers the data
collected under subsection (b)(4); and
``(ii) at a level sufficient to fully
finance--
``(I) the costs of health benefits
provided by the public health insurance
option; and
``(II) administrative costs related
to operating the public health
insurance option.
``(B) Contingency margin.--In establishing premium
rates under subparagraph (A), the Secretary shall
include an appropriate amount for a contingency margin.
``(C) Variations in premium rates.--The premium
rate charged for the public health insurance option may
not vary except as provided under section 2701 of the
Public Health Service Act.
``(2) Health care provider payment rates for items and
services.--
``(A) In general.--
``(i) Rates negotiated by the secretary.--
Not later than January 1, 2022, and except as
provided in clause (ii), the Secretary shall,
through a negotiated agreement with health care
providers, establish rates for reimbursing
health care providers for providing the
benefits covered by the public health insurance
option.
``(ii) Medicare reimbursement rates.--If
the Secretary and health care providers are
unable to reach a negotiated agreement on a
reimbursement rate, the Secretary shall
reimburse providers at rates determined for
equivalent items and services under the
original medicare fee-for-service program under
parts A and B of title XVIII of the Social
Security Act.
``(iii) For new services.--The Secretary
shall modify reimbursement rates described in
clause (ii) in order to accommodate payments
for services, such as well-child visits, that
are not otherwise covered under the original
medicare fee-for-service program.
``(B) Prescription drugs.--Any payment rate under
this subsection for a prescription drug shall be at a
rate negotiated by the Secretary. If the Secretary is
unable to reach a negotiated agreement on such a
reimbursement rate, the Secretary shall use rates
determined for equivalent drugs paid for under the
original medicare fee-for-service program. The
Secretary shall modify such rates in order to
accommodate payments for drugs that are not otherwise
covered under the original medicare fee-for-service
program.
``(3) Account.--
``(A) Establishment.--There is established in the
Treasury of the United States an account for the
receipts and disbursements attributable to the
operation of the public health insurance option,
including the start-up funding under subparagraph (C)
and appropriations authorized under subparagraph (D).
``(B) Prohibition of state imposition of taxes.--
Section 1854(g) of the Social Security Act shall apply
to receipts and disbursements described in subparagraph
(A) in the same manner as such section applies to
payments or premiums described in such section.
``(C) Start-up funding.--
``(i) Authorization of funding.--There are
authorized to be appropriated such sums as may
be necessary to establish the public health
insurance option and cover 90 days of claims
reserves based on projected enrollment.
``(ii) Amortization of start-up funding.--
The Secretary shall provide for the repayment
of the startup funding provided under clause
(i) to the Treasury in an amortized manner over
the 10-year period beginning on January 1,
2023.
``(D) Additional authorization of appropriations.--
To carry out paragraph (2) of subsection (b), there are
authorized to be appropriated such sums as may be
necessary.
``(d) Health Care Provider Participation.--
``(1) Provider participation.--
``(A) In general.--The Secretary shall establish
conditions of participation for health care providers
under the public health insurance option.
``(B) Licensure or certification.--The Secretary
shall not allow a health care provider to participate
in the public health insurance option unless such
provider is appropriately licensed or certified under
State law.
``(2) Establishment of a provider network.--
``(A) Medicare and medicaid participating
providers.--A health care provider that is a
participating provider of services or supplier under
the Medicare program under title XVIII of the Social
Security Act or under a State Medicaid plan under title
XIX of such Act is a participating provider in the
public health insurance option unless the health care
provider opts out of participating in the public health
insurance option through a process established by the
Secretary.
``(B) Additional providers.--The Secretary shall
establish a process to allow health care providers not
described in subparagraph (A) to become participating
providers in the public health insurance option.''.
(b) Conforming Amendments.--
(1) Treatment as a qualified health plan.--Section 1301(a)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18021(a)) is amended--
(A) in paragraph (1)(C), by inserting ``except in
the case of the public health insurance option
established under section 1314,'' before ``is offered
by'';
(B) in paragraph (2)--
(i) in the paragraph heading, by inserting
``, the public health insurance option,''
before ``and''; and
(ii) by inserting ``the public health
insurance option under section 1314,'' before
``and a multi-State plan''; and
(C) by adding at the end the following:
``(5) Public health insurance option.--The term `qualified
health plan' shall include the public health insurance option
established under section 1314, notwithstanding the requirement
under paragraph (1)(C) for the plan to be offered by a health
insurance issuer.''.
(2) Level playing field.--Section 1324(a) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18044(a)) is
amended by inserting ``the public health insurance option under
section 1314,'' before ``or a multi-State qualified health
plan''.
<all> | CHOICE Act | A bill to amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. | CHOICE Act
Consumer Health Options and Insurance Competition Enhancement Act | Sen. Whitehouse, Sheldon | D | RI | This bill requires the Centers for Medicare and Medicaid Services (CMS) to develop a public health insurance option that meets all federal plan requirements and is available on state and federal health insurance exchanges. Specifically, the CMS must offer silver and gold plans, may offer bronze plans, and must include all essential benefits, consumer protections, and cost-sharing limitations in each plan. The CMS may contract with a third party to administer the public option plans and states may establish advisory councils to make recommendations to the CMS about the operation and policies of such plans. Further, the CMS must establish geographically adjusted premiums and negotiate provider payment rates for services and prescription drugs covered the plans. If a payment rate cannot be negotiated, the CMS must pay the amount for such service as required under traditional Medicare. Medicare and Medicaid providers are automatically participants in public option plans unless they opt out, and providers not participating in Medicare or Medicaid may opt in. | SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. 18031 et seq.) is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. | SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. 18031 et seq.) is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. (a) In General.--Part 2 of subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18031 et seq.) is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(C) Provision of benefit levels.--The public health insurance option shall offer bronze, silver, and gold plans. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. ``(iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(4) Data collection.--The Secretary shall collect such data as may be required-- ``(A) to establish rates for premiums and health care provider reimbursement under subsection (c); and ``(B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(B) Licensure or certification.--The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(3) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(3) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(3) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( ( | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. | To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( ( | 1,586 |
613 | 760 | S.3653 | Crime and Law Enforcement | Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022
This bill prohibits a nonprofit entity from receiving federal funds (and denies a tax exemption) unless the entity certifies compliance with certain federal laws (e.g., laws with respect to human trafficking and smuggling). It also establishes reporting requirements, including that the Government Accountability Office must annually report to Congress on those nonprofit entities that do not certify their compliance with these laws. | To direct the Director of the Office of Management and Budget to
require the disclosure of violations of Federal law with respect to
human trafficking or alien smuggling, and for other purposes.
Be it enacted by the Senate 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 Federal Funds from Human
Trafficking and Smuggling Act of 2022''.
SEC. 2. MANDATORY DISCLOSURES OF HUMAN TRAFFICKING AND ALIEN SMUGGLING.
(a) Limitation on Award of Federal Funds.--
(1) Future recipients.--Beginning not later than 120 days
after the date of the enactment of this Act, no Federal funds
may be awarded to a nonprofit entity unless such entity submits
to the Director of the Office of Management and Budget a
certification that the entity--
(A) is in compliance with Federal law with respect
to human trafficking, alien smuggling, fraud, bribery,
and gratuity; and
(B) has not been convicted of an offense under
section 274 of the Immigration and Nationality Act (8
U.S.C. 1324).
(2) Current and prior recipients.--
(A) In general.--Not later than 60 days after the
date of the enactment of this Act, each nonprofit
entity that is in receipt of awarded Federal funds as
of the date of the enactment of this Act, or was
awarded Federal funds before January 1, 2021, and
remains engaged in the activities for which such
Federal funds were awarded, shall submit to the
Director of the Office of Management and Budget a
certification that the entity--
(i) is in compliance with Federal law with
respect to human trafficking, alien smuggling,
fraud, bribery, and gratuity; and
(ii) has not been convicted of an offense
under section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324).
(B) Effect of noncompliance.--If an entity referred
to in subparagraph (A) does not submit the
certification required under such subparagraph before
the date referred to in such subparagraph, or the
Director of the Office of Management and Budget
determines that the entity has violated section
274(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A)), the entity shall reimburse the
Federal Government for any Federal funds the entity
received for the fiscal year in which such
noncompliance occurred.
(b) Denial of Tax Exemption.--Section 503 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(g) Denial of Exemption for Not Meeting Certain Certification
Requirement.--
``(1) In general.--An organization described in section
501(c) shall not be exempt from taxation under section 501(a)
if--
``(A) such organization does not submit the
certification required under section 2(a) of the
Protecting Federal Funds from Human Trafficking and
Smuggling Act of 2022; or
``(B) the Director of the Office of Management and
Budget determines that such organization has violated
section 274 of the Immigration and Nationality Act (8
U.S.C. 1324).
``(2) Re-application for exemption.--Beginning on the date
that is one year after the date on which an organization
described in section 501(c) is determined not to be exempt
under paragraph (1), such organization may reapply to be exempt
from taxation under section 501(a).''.
(c) Reporting Requirement.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Homeland Security
shall--
(1) develop a written strategy and best practices guide for
nonprofit entities to ensure the entities comply with Federal
law, including how to detect, deter, and report human
trafficking and alien smuggling;
(2) publish, on an internet website of the Department of
Homeland Security, information regarding violations of any
nonprofit entity that pertains to compliance with Federal and
State laws involving human trafficking and alien smuggling; and
(3) develop a written strategy to improve cooperation with
nonprofit entities and Federal and State law enforcement
agencies with respect to improving cooperation on deterring,
detecting, reporting, and removing aliens.
(d) Report by Comptroller General.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit a report to
Congress that identifies each failure by a nonprofit entity to comply
with the certification requirement under subsection (a) during the
reporting period.
(e) Applicability.--The requirement under subsection (a) shall
apply to any nonprofit entity awarded Federal funding, including any
nonprofit entity that has an agreement, contract, award, or
relationship with the Federal Government on the date of the enactment
of this Act.
<all> | Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022 | A bill to direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. | Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022 | Sen. Kennedy, John | R | LA | This bill prohibits a nonprofit entity from receiving federal funds (and denies a tax exemption) unless the entity certifies compliance with certain federal laws (e.g., laws with respect to human trafficking and smuggling). It also establishes reporting requirements, including that the Government Accountability Office must annually report to Congress on those nonprofit entities that do not certify their compliance with these laws. | Be it enacted by the Senate 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 Federal Funds from Human Trafficking and Smuggling Act of 2022''. SEC. 2. MANDATORY DISCLOSURES OF HUMAN TRAFFICKING AND ALIEN SMUGGLING. (2) Current and prior recipients.-- (A) In general.--Not later than 60 days after the date of the enactment of this Act, each nonprofit entity that is in receipt of awarded Federal funds as of the date of the enactment of this Act, or was awarded Federal funds before January 1, 2021, and remains engaged in the activities for which such Federal funds were awarded, shall submit to the Director of the Office of Management and Budget a certification that the entity-- (i) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (ii) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. (B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324). ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. (c) Reporting Requirement.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) develop a written strategy and best practices guide for nonprofit entities to ensure the entities comply with Federal law, including how to detect, deter, and report human trafficking and alien smuggling; (2) publish, on an internet website of the Department of Homeland Security, information regarding violations of any nonprofit entity that pertains to compliance with Federal and State laws involving human trafficking and alien smuggling; and (3) develop a written strategy to improve cooperation with nonprofit entities and Federal and State law enforcement agencies with respect to improving cooperation on deterring, detecting, reporting, and removing aliens. (d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | SHORT TITLE. This Act may be cited as the ``Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022''. SEC. 2. MANDATORY DISCLOSURES OF HUMAN TRAFFICKING AND ALIEN SMUGGLING. (B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324). ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. (c) Reporting Requirement.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) develop a written strategy and best practices guide for nonprofit entities to ensure the entities comply with Federal law, including how to detect, deter, and report human trafficking and alien smuggling; (2) publish, on an internet website of the Department of Homeland Security, information regarding violations of any nonprofit entity that pertains to compliance with Federal and State laws involving human trafficking and alien smuggling; and (3) develop a written strategy to improve cooperation with nonprofit entities and Federal and State law enforcement agencies with respect to improving cooperation on deterring, detecting, reporting, and removing aliens. (d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. Be it enacted by the Senate 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 Federal Funds from Human Trafficking and Smuggling Act of 2022''. SEC. 2. MANDATORY DISCLOSURES OF HUMAN TRAFFICKING AND ALIEN SMUGGLING. (2) Current and prior recipients.-- (A) In general.--Not later than 60 days after the date of the enactment of this Act, each nonprofit entity that is in receipt of awarded Federal funds as of the date of the enactment of this Act, or was awarded Federal funds before January 1, 2021, and remains engaged in the activities for which such Federal funds were awarded, shall submit to the Director of the Office of Management and Budget a certification that the entity-- (i) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (ii) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. (B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. (b) Denial of Tax Exemption.--Section 503 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(g) Denial of Exemption for Not Meeting Certain Certification Requirement.-- ``(1) In general.--An organization described in section 501(c) shall not be exempt from taxation under section 501(a) if-- ``(A) such organization does not submit the certification required under section 2(a) of the Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022; or ``(B) the Director of the Office of Management and Budget determines that such organization has violated section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. (c) Reporting Requirement.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) develop a written strategy and best practices guide for nonprofit entities to ensure the entities comply with Federal law, including how to detect, deter, and report human trafficking and alien smuggling; (2) publish, on an internet website of the Department of Homeland Security, information regarding violations of any nonprofit entity that pertains to compliance with Federal and State laws involving human trafficking and alien smuggling; and (3) develop a written strategy to improve cooperation with nonprofit entities and Federal and State law enforcement agencies with respect to improving cooperation on deterring, detecting, reporting, and removing aliens. (d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. Be it enacted by the Senate 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 Federal Funds from Human Trafficking and Smuggling Act of 2022''. SEC. 2. MANDATORY DISCLOSURES OF HUMAN TRAFFICKING AND ALIEN SMUGGLING. (a) Limitation on Award of Federal Funds.-- (1) Future recipients.--Beginning not later than 120 days after the date of the enactment of this Act, no Federal funds may be awarded to a nonprofit entity unless such entity submits to the Director of the Office of Management and Budget a certification that the entity-- (A) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (B) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). (2) Current and prior recipients.-- (A) In general.--Not later than 60 days after the date of the enactment of this Act, each nonprofit entity that is in receipt of awarded Federal funds as of the date of the enactment of this Act, or was awarded Federal funds before January 1, 2021, and remains engaged in the activities for which such Federal funds were awarded, shall submit to the Director of the Office of Management and Budget a certification that the entity-- (i) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (ii) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). (B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. (b) Denial of Tax Exemption.--Section 503 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(g) Denial of Exemption for Not Meeting Certain Certification Requirement.-- ``(1) In general.--An organization described in section 501(c) shall not be exempt from taxation under section 501(a) if-- ``(A) such organization does not submit the certification required under section 2(a) of the Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022; or ``(B) the Director of the Office of Management and Budget determines that such organization has violated section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. (c) Reporting Requirement.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) develop a written strategy and best practices guide for nonprofit entities to ensure the entities comply with Federal law, including how to detect, deter, and report human trafficking and alien smuggling; (2) publish, on an internet website of the Department of Homeland Security, information regarding violations of any nonprofit entity that pertains to compliance with Federal and State laws involving human trafficking and alien smuggling; and (3) develop a written strategy to improve cooperation with nonprofit entities and Federal and State law enforcement agencies with respect to improving cooperation on deterring, detecting, reporting, and removing aliens. (d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. <all> | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. a) Limitation on Award of Federal Funds.-- (1) Future recipients.--Beginning not later than 120 days after the date of the enactment of this Act, no Federal funds may be awarded to a nonprofit entity unless such entity submits to the Director of the Office of Management and Budget a certification that the entity-- (A) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (B) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. ( e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ( ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. ( (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ( ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. ( (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. a) Limitation on Award of Federal Funds.-- (1) Future recipients.--Beginning not later than 120 days after the date of the enactment of this Act, no Federal funds may be awarded to a nonprofit entity unless such entity submits to the Director of the Office of Management and Budget a certification that the entity-- (A) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (B) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. ( e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ( ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. ( (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. a) Limitation on Award of Federal Funds.-- (1) Future recipients.--Beginning not later than 120 days after the date of the enactment of this Act, no Federal funds may be awarded to a nonprofit entity unless such entity submits to the Director of the Office of Management and Budget a certification that the entity-- (A) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (B) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. ( e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ( ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. ( (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. a) Limitation on Award of Federal Funds.-- (1) Future recipients.--Beginning not later than 120 days after the date of the enactment of this Act, no Federal funds may be awarded to a nonprofit entity unless such entity submits to the Director of the Office of Management and Budget a certification that the entity-- (A) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (B) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. ( e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ( ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. ( (e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes. a) Limitation on Award of Federal Funds.-- (1) Future recipients.--Beginning not later than 120 days after the date of the enactment of this Act, no Federal funds may be awarded to a nonprofit entity unless such entity submits to the Director of the Office of Management and Budget a certification that the entity-- (A) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (B) has not been convicted of an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). B) Effect of noncompliance.--If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. ``(2) Re-application for exemption.--Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a).''. d) Report by Comptroller General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. ( e) Applicability.--The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | 763 |
614 | 6,072 | H.R.9320 | Taxation | Education, Achievement, and Opportunity Act
This bill allows a new refundable tax credit for the qualified education expenses of a taxpayer's child, up to $10,000 for each child. These expenses include tuition and fees for attendance at a public or private elementary or secondary school, and up to $1,500 of expenses for computers and educational software, tutoring, special needs services, transportation services, and academic testing services. | To amend the Internal Revenue Code of 1986 to allow a refundable credit
against income tax for tuition expenses incurred for each qualifying
child of the taxpayer in attending public or private elementary or
secondary school.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education, Achievement, and
Opportunity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private schools supplement the public school system and
are a vital component of our Nation's school network.
(2) The public school system was created to serve students,
not the other way around. Children should have the opportunity
to attend the school system that is most conducive to
developing their abilities, and parents have the right to
choose the public or private school that best meets their
child's individual needs.
SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36C the following new section:
``SEC. 36D. ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year the amount of the qualified
education expenses paid by the taxpayer during the taxable year
for each qualifying child of the taxpayer.
``(2) Amount per child.--The amount of credit allowable
under paragraph (1) for any taxable year with respect to the
qualified education expenses of each qualifying child of the
taxpayer shall not exceed $10,000.
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) (after the application of subsection (a)(2))
shall be reduced (but not below zero) by $50 for each $1,000
(or fraction thereof) by which the taxpayer's modified adjusted
gross income exceeds the threshold amount.
``(2) Definitions and special rules.--For purposes of this
paragraph (1)--
``(A) Threshold amount.--The term `threshold
amount' means--
``(i) $150,000 in the case of a joint
return, and
``(ii) $75,000 in any other case.
``(B) Modified adjusted gross income.--The term
`modified adjusted gross income' means adjusted gross
income increased by any amount excluded from gross
income under section 911, 931, or 933.
``(C) Marital status.--Marital status shall be
determined under section 7703.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying child.--The term `qualifying child' has
the meaning given such term in section 24(c).
``(2) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at a
qualified educational institution, and
``(ii) so much of the following non-tuition
expenses as does not exceed $1,500:
``(I) Computers, educational
software, computer support services,
and books required for courses of
instruction at a qualified educational
institution.
``(II) Academic tutoring (by a
person other than the taxpayer).
``(III) Special needs services for
qualifying children who are children
with disabilities (as such term is
defined in section 602(3) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1401(3)).
``(IV) Fees for transportation
services to and from a private school,
if the transportation is provided by
the school and the school charges a fee
for the transportation.
``(V) Academic testing services.
``(B) Amounts excluded.--The term does not include
special school fees for nonacademic purposes, including
fees for student activities, athletics, insurance,
school uniforms, and nonacademic after-school
activities.
``(3) Qualified educational institution.--The term
`qualified educational institution' means any public, charter,
private, parochial, or religious school organized for the
purpose of providing elementary or secondary education, or
both, without regard to the religious nature, character,
affiliation, mission, beliefs, or exercise of such school.
``(d) Adjustment for Coverdell Savings Account Distributions.--The
amount of qualified education expenses taken into account under
subsection (a) with respect to an individual for a taxable year shall
be reduced (before the application of subsection (b)) by the sum of any
amounts not includible in gross income under section 530(d)(2) for such
taxable year by reason of the qualified elementary and secondary
education expenses (as defined in section 530(b)(3)) of such individual
for such taxable year.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36D,'' after ``36C,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 36D. Elementary and secondary education expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all> | Education, Achievement, and Opportunity Act | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. | Education, Achievement, and Opportunity Act | Rep. Smith, Christopher H. | R | NJ | This bill allows a new refundable tax credit for the qualified education expenses of a taxpayer's child, up to $10,000 for each child. These expenses include tuition and fees for attendance at a public or private elementary or secondary school, and up to $1,500 of expenses for computers and educational software, tutoring, special needs services, transportation services, and academic testing services. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. 2. FINDINGS. (2) The public school system was created to serve students, not the other way around. SEC. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(II) Academic tutoring (by a person other than the taxpayer). 1401(3)). ``(IV) Fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36D. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. 2. FINDINGS. (2) The public school system was created to serve students, not the other way around. SEC. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(II) Academic tutoring (by a person other than the taxpayer). 1401(3)). ``(IV) Fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36D. | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. SEC. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(II) Academic tutoring (by a person other than the taxpayer). ``(III) Special needs services for qualifying children who are children with disabilities (as such term is defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)). ``(IV) Fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation. ``(V) Academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means any public, charter, private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both, without regard to the religious nature, character, affiliation, mission, beliefs, or exercise of such school. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36D. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36C the following new section: ``SEC. 36D. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Amount per child.--The amount of credit allowable under paragraph (1) for any taxable year with respect to the qualified education expenses of each qualifying child of the taxpayer shall not exceed $10,000. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(II) Academic tutoring (by a person other than the taxpayer). ``(III) Special needs services for qualifying children who are children with disabilities (as such term is defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)). ``(IV) Fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation. ``(V) Academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means any public, charter, private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both, without regard to the religious nature, character, affiliation, mission, beliefs, or exercise of such school. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36D. Elementary and secondary education expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all> | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. ( ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ( ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(II) Academic tutoring (by a person other than the taxpayer). ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ( ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(II) Academic tutoring (by a person other than the taxpayer). ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. ( ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ( ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(II) Academic tutoring (by a person other than the taxpayer). ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. ( ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ( ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(II) Academic tutoring (by a person other than the taxpayer). ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. ( ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ( ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given such term in section 24(c). ``(II) Academic tutoring (by a person other than the taxpayer). ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. ( ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, and ``(ii) so much of the following non-tuition expenses as does not exceed $1,500: ``(I) Computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. ( b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. ( | 837 |
615 | 11,746 | H.R.1975 | Native Americans | Pala Band of Mission Indians Land Transfer Act of 2021
This bill directs the Department of the Interior to take approximately 721.12 acres of land in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, if the tribe transfers title to that land to the United States. The land is made part of the Pala Indian Reservation.
The bill generally prohibits gaming on any of the land taken into trust. | To take certain land located in San Diego County, California, into
trust for the benefit of the Pala Band of Mission Indians, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pala Band of Mission Indians Land
Transfer Act of 2021''.
SEC. 2. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF MISSION INDIANS.
(a) Transfer and Administration.--
(1) Transfer of lands into trust.--If, not later than 180
days after the date of the enactment of this Act, the Tribe
transfers title to the land referred to in subsection (b) to
the United States, the Secretary, not later than 180 days after
such transfer, shall take that land into trust for the benefit
of the Tribe.
(2) Administration.--The land transferred under paragraph
(1) shall be part of the Pala Indian Reservation and
administered in accordance with the laws and regulations
generally applicable to land held in trust by the United States
for an Indian Tribe.
(b) Land Description.--The land referred to in subsection (a)(1) is
the approximately 721.12 acres of land located in San Diego County,
California, generally depicted as ``Gregory Canyon Property Boundary''
on the map titled ``Pala Gregory Canyon Property Boundary and
Parcels''.
(c) Rules of Construction.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(2) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(3) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of the enactment of this Act.
(d) Restricted Use of Transferred Lands.--The Tribe may not
conduct, on the land taken into trust for the Tribe pursuant to this
Act, gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(e) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribe.--The term ``Tribe'' means the Pala Band of
Mission Indians.
Calendar No. 431
117th CONGRESS
2d Session
H. R. 1975
[Report No. 117-126]
_______________________________________________________________________ | Pala Band of Mission Indians Land Transfer Act of 2021 | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. | Pala Band of Mission Indians Land Transfer Act of 2021
Pala Band of Mission Indians Land Transfer Act of 2021
Pala Band of Mission Indians Land Transfer Act of 2021
Pala Band of Mission Indians Land Transfer Act of 2021 | Rep. Issa, Darrell E. | R | CA | This bill directs the Department of the Interior to take approximately 721.12 acres of land in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, if the tribe transfers title to that land to the United States. The land is made part of the Pala Indian Reservation. The bill generally prohibits gaming on any of the land taken into trust. | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pala Band of Mission Indians Land Transfer Act of 2021''. SEC. 2. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer of lands into trust.--If, not later than 180 days after the date of the enactment of this Act, the Tribe transfers title to the land referred to in subsection (b) to the United States, the Secretary, not later than 180 days after such transfer, shall take that land into trust for the benefit of the Tribe. (2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. (b) Land Description.--The land referred to in subsection (a)(1) is the approximately 721.12 acres of land located in San Diego County, California, generally depicted as ``Gregory Canyon Property Boundary'' on the map titled ``Pala Gregory Canyon Property Boundary and Parcels''. (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (d) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Pala Band of Mission Indians. Calendar No. 431 117th CONGRESS 2d Session H. R. 1975 [Report No. 117-126] _______________________________________________________________________ | 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. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer of lands into trust.--If, not later than 180 days after the date of the enactment of this Act, the Tribe transfers title to the land referred to in subsection (b) to the United States, the Secretary, not later than 180 days after such transfer, shall take that land into trust for the benefit of the Tribe. (b) Land Description.--The land referred to in subsection (a)(1) is the approximately 721.12 acres of land located in San Diego County, California, generally depicted as ``Gregory Canyon Property Boundary'' on the map titled ``Pala Gregory Canyon Property Boundary and Parcels''. (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (d) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Calendar No. 431 117th CONGRESS 2d Session H. R. 1975 [Report No. 117-126] _______________________________________________________________________ | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pala Band of Mission Indians Land Transfer Act of 2021''. SEC. 2. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer of lands into trust.--If, not later than 180 days after the date of the enactment of this Act, the Tribe transfers title to the land referred to in subsection (b) to the United States, the Secretary, not later than 180 days after such transfer, shall take that land into trust for the benefit of the Tribe. (2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. (b) Land Description.--The land referred to in subsection (a)(1) is the approximately 721.12 acres of land located in San Diego County, California, generally depicted as ``Gregory Canyon Property Boundary'' on the map titled ``Pala Gregory Canyon Property Boundary and Parcels''. (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (d) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Pala Band of Mission Indians. Calendar No. 431 117th CONGRESS 2d Session H. R. 1975 [Report No. 117-126] _______________________________________________________________________ | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pala Band of Mission Indians Land Transfer Act of 2021''. SEC. 2. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer of lands into trust.--If, not later than 180 days after the date of the enactment of this Act, the Tribe transfers title to the land referred to in subsection (b) to the United States, the Secretary, not later than 180 days after such transfer, shall take that land into trust for the benefit of the Tribe. (2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. (b) Land Description.--The land referred to in subsection (a)(1) is the approximately 721.12 acres of land located in San Diego County, California, generally depicted as ``Gregory Canyon Property Boundary'' on the map titled ``Pala Gregory Canyon Property Boundary and Parcels''. (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (d) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Pala Band of Mission Indians. Calendar No. 431 117th CONGRESS 2d Session H. R. 1975 [Report No. 117-126] _______________________________________________________________________ | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 2) Administration.--The land transferred under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. ( (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. ( e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. ( | 433 |
616 | 11,128 | H.R.1237 | Government Operations and Politics | Stop Supporting Foreign Interference in Our Democracy Act
This bill provides statutory authority for the prohibition against a person knowingly providing substantial assistance regarding illegal political spending by a foreign national. | To amend the Federal Election Campaign Act of 1971 to prohibit a person
from knowingly providing substantial assistance relating to a
contribution or donation by a foreign national, and for other purposes.
Be it enacted by the Senate 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 Supporting Foreign Interference
in Our Democracy Act''.
SEC. 2. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING TO
CONTRIBUTION OR DONATION BY FOREIGN NATIONALS.
(a) In General.--Section 319 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30121) is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph
(1)(C);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following:
``(3) a person to knowingly provide substantial assistance
to another person in carrying out an activity described in
paragraph (1) or (2).''; and
(2) by adding at the end the following new subsections:
``(c) Knowingly Described.--
``(1) In general.--For purposes of subsection (a)(3), the
term `knowingly' means actual knowledge, awareness of pertinent
facts that would lead a reasonable person to conclude there is
a substantial probability, or awareness of pertinent facts that
would lead a reasonable person to conduct a reasonable inquiry
to establish--
``(A) with respect to an activity described in
subsection (a)(1), that the contribution, donation,
expenditure, independent expenditure, or disbursement
is from a foreign national; and
``(B) with respect to an activity described in
subsection (a)(2), that the contribution or donation
solicited, accepted, or received is from a foreign
national.
``(2) Pertinent facts.--For purposes of paragraph (1),
pertinent facts include, but are not limited to, that the
person making the contribution, donation, expenditure,
independent expenditure, or disbursement, or that the person
from whom the contribution or donation is solicited, accepted,
or received--
``(A) uses a foreign passport or passport number
for identification purposes;
``(B) provides a foreign address;
``(C) uses a check or other written instrument
drawn on a foreign bank, or by a wire transfer from a
foreign bank, in carrying out the activity; or
``(D) resides abroad.
``(d) Substantial Assistance Defined.--As used in this section, the
term `substantial assistance' means, with respect to an activity
prohibited by paragraph (1) or (2) of subsection (a), involvement with
an intent to facilitate successful completion of the activity.''.
<all> | Stop Supporting Foreign Interference in Our Democracy Act | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. | Stop Supporting Foreign Interference in Our Democracy Act | Rep. Houlahan, Chrissy | D | PA | This bill provides statutory authority for the prohibition against a person knowingly providing substantial assistance regarding illegal political spending by a foreign national. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. Be it enacted by the Senate 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 Supporting Foreign Interference in Our Democracy Act''. SEC. 2. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS. (a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2).''; and (2) by adding at the end the following new subsections: ``(c) Knowingly Described.-- ``(1) In general.--For purposes of subsection (a)(3), the term `knowingly' means actual knowledge, awareness of pertinent facts that would lead a reasonable person to conclude there is a substantial probability, or awareness of pertinent facts that would lead a reasonable person to conduct a reasonable inquiry to establish-- ``(A) with respect to an activity described in subsection (a)(1), that the contribution, donation, expenditure, independent expenditure, or disbursement is from a foreign national; and ``(B) with respect to an activity described in subsection (a)(2), that the contribution or donation solicited, accepted, or received is from a foreign national. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. <all> | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Supporting Foreign Interference in Our Democracy Act''. SEC. 2. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS. (a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2). ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. Be it enacted by the Senate 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 Supporting Foreign Interference in Our Democracy Act''. SEC. 2. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS. (a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2).''; and (2) by adding at the end the following new subsections: ``(c) Knowingly Described.-- ``(1) In general.--For purposes of subsection (a)(3), the term `knowingly' means actual knowledge, awareness of pertinent facts that would lead a reasonable person to conclude there is a substantial probability, or awareness of pertinent facts that would lead a reasonable person to conduct a reasonable inquiry to establish-- ``(A) with respect to an activity described in subsection (a)(1), that the contribution, donation, expenditure, independent expenditure, or disbursement is from a foreign national; and ``(B) with respect to an activity described in subsection (a)(2), that the contribution or donation solicited, accepted, or received is from a foreign national. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. <all> | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. Be it enacted by the Senate 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 Supporting Foreign Interference in Our Democracy Act''. SEC. 2. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS. (a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2).''; and (2) by adding at the end the following new subsections: ``(c) Knowingly Described.-- ``(1) In general.--For purposes of subsection (a)(3), the term `knowingly' means actual knowledge, awareness of pertinent facts that would lead a reasonable person to conclude there is a substantial probability, or awareness of pertinent facts that would lead a reasonable person to conduct a reasonable inquiry to establish-- ``(A) with respect to an activity described in subsection (a)(1), that the contribution, donation, expenditure, independent expenditure, or disbursement is from a foreign national; and ``(B) with respect to an activity described in subsection (a)(2), that the contribution or donation solicited, accepted, or received is from a foreign national. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. <all> | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2). ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2). ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2). ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2). ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | To amend the Federal Election Campaign Act of 1971 to prohibit a person from knowingly providing substantial assistance relating to a contribution or donation by a foreign national, and for other purposes. a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1)(C); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1) or (2). ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(d) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1) or (2) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. | 411 |
617 | 14,603 | H.R.5863 | Environmental Protection | End Palm Oil Deforestation Act
This bill modifies requirements for importing palm oil and makes other changes to address deforestation and other potential harms from cultivating and processing palm oil. For example, the bill (1) specifies that palm oil does not qualify for exclusions from importation requirements granted to common cultivars or common food crops, and (2) prohibits imported palm oil products from being treated as renewable fuel for purposes of the Renewable Fuel Program. | To strengthen enforcement actions against unlawfully sourced palm oil
and deforestation in developing countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Palm Oil Deforestation Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Certifying standard.--The term ``certifying standard''
means any accreditation for lawfully, ethically, and
sustainably sourced palm oil offered by a nongovernmental
organization.
(2) Palm oil product.--The term ``palm oil product''
means--
(A) any product containing ingredients, including
palmolein and monocarboxylic fatty acids, derived from
the plants African oil palm (Elaeis guineensis),
American oil palm (Elaeis oleifera), babassu palm
(Attalea speciosa), macauba palm (Acrocomia aculeata),
maripa palm (Attalea maripa), or hybridized species
derived therefrom;
(B) those food products derived from imported palm
oil or any combination or portion thereof; or
(C) any other product prepared, in whole or in part
from, or processed with, imported palm oil as the
Secretary may specify.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Taking.--The term ``taking'' has the meaning given the
term in section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371).
(b) Palm Oil Not Considered Common Cultivar or Common Food Crop.--
The exclusions specified in section 2(f)(2)(A) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3371(f)(2)(A)) with respect to common
cultivars and common food crops shall not apply with respect to palm
oil.
SEC. 3. SUSTAINABILITY CERTIFICATIONS FOR PALM OIL DEEMED SUFFICIENT AS
IMPORT DECLARATIONS AND DUE DILIGENCE.
(a) In General.--In the case of a palm oil product that meets the
sustainability certification standards published under this section and
for which documentation of meeting such standards is presented at the
port of entry into the United States--
(1) such product shall not require an import declaration
under section 3(f) of the Lacey Act Amendments of 1981 (16
U.S.C. 3372(f)); and
(2) such documentation shall be considered sufficient to
demonstrate due care in the taking of such palm oil product
under section 4(a) of the Lacey Act Amendments of 1981 (16
U.S.C. 3373(a)).
(b) Certification Standards.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall publish on an
internet website of the Department of Agriculture for public
comment a preliminary list of nongovernmental certifying
standards for sustainable palm oil.
(2) Considerations.--In publishing the list under paragraph
(1), the Secretary shall--
(A) when considering whether to include a
certifying standard on such list, prioritize certifying
standards that promote--
(i) palm oil cultivation practices with
decreased net greenhouse gas emissions;
(ii) human rights of palm oil agricultural
workers;
(iii) human rights of the communities
neighboring palm oil plantations; and
(iv) preventing deforestation or peatlands
degradation; and
(B) consider including in such list the certifying
standard sponsored by the Roundtable for Sustainable
Palm Oil.
(3) Excluded standards.--The Secretary may not include in
the list under paragraph (1) any standard issued by a foreign
government.
(4) Finalization.--Not later than 90 days after the date on
which the preliminary list of nongovernmental certifying
standards for sustainable palm oil under paragraph (1) is
published, finalize the preliminary list.
(5) Updates.--The Secretary shall--
(A) review and update, as appropriate, the
finalized list under paragraph (4) at least once every
5 years; and
(B) allow for public notice and a period for public
comment with respect to any such updates.
(c) Temporary Certifications.--In the case of palm oil products for
which documentation of meeting the sustainability certification
standards referred to in subsection (a) cannot be provided, the
Secretary may grant the importers of such products temporary
certifications that may be presented at the port of entry into the
United States in lieu of such documentation for a period not to exceed
one year, subject to renewal (of such duration as the Secretary may
specify), if the Secretary publishes on a public internet site of the
Department of Agriculture, and updates as necessary, a list of all such
temporary certifications, including with respect to each such temporary
certification--
(1) a written statement outlining the reason for granting
the temporary certification;
(2) the date on which the temporary certification expires;
(3) the terms by which the temporary certification may be
renewed, if applicable; and
(4) any supporting documents or information considered by
the Secretary in deciding to grant such temporary
certification.
SEC. 4. LABELING OF IMPORTED PALM OIL PRODUCTS.
(a) Food Labeling.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z) If it is a food that contains ingredients derived from
imported palm oil, unless its labeling lists such ingredients by the
common or usual name of the ingredient, including listing
(parenthetically or otherwise) of all components of such ingredient.''.
(b) Country of Origin Labeling.--
(1) Use in food.--Section 281(1)(A) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended--
(A) in clause (x), by striking ``and'' at the end;
(B) in clause (xi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(xii) palm oil.''.
(2) Other uses.--Each head of a Federal agency which
regulates products containing palm oil shall issue
regulations--
(A) specifying that a person may not sell, or offer
for sale in interstate commerce, imported palm oil
products, or another product containing imported palm
oil products, unless the packaging and labeling of such
products that are not, by operation of the amendments
made by paragraph (1), subject to section 282 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a),
specify the country of origin of such products; and
(B) providing for an exemption from the requirement
specified pursuant to subparagraph (A) with respect to
products containing imported palm oil products if the
amount of imported palm oil in such product is de
minimis (as determined by the head of the Federal
agency involved).
SEC. 5. UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION
ABROAD.
(a) Moratorium.--No Federal funds may be obligated, expended, or
otherwise made available for the cultivation or processing of palm oil
abroad, unless the Secretary of State certifies that--
(1) the program, project, or activity for which such funds
are made available will not--
(A) contribute to significant loss of native
species;
(B) disrupt or contaminate natural water sources;
(C) reduce local food security;
(D) cause the forced displacement of local people;
(E) contribute to deforestation;
(F) increase greenhouse gas emissions
substantially;
(G) contribute to human trafficking, forced labor,
or child labor;
(H) enable wildlife trafficking; or
(I) further bureaucratic corruption; and
(2) the cultivation or processing is carried out in
accordance with the sustainability certification standards
specified pursuant to section 3.
(b) Congressional Instructions to the Executive.--The President
should instruct the Secretary of the Treasury, acting as the Chairman
of the National Advisory Council on International Monetary and
Financial Policies, and the United States Executive Director at each
international financial institution (as defined in section 1701(c)(2)
of the International Financial Institutions Act) to use the voice and
vote of the United States to oppose new proposals for palm oil
development loans, unless the development of palm oil is to be carried
out in accordance with the sustainability certification standards
specified pursuant to section 3.
(c) Consultation.--The Secretary of Agriculture shall consult and
collaborate with the Secretary of State and the Administrator of the
Agency for International Development in carrying out activities under
this Act relating to palm oil cultivation and development in other
countries.
SEC. 6. INELIGIBILITY FOR RENEWABLE FUEL STANDARD.
Except as provided by the Administrator of the Environmental
Protection Agency, imported palm oil products shall not be treated as
renewable fuel for purposes of the renewable fuel program under section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
SEC. 7. EFFECT ON OTHER LAW.
Nothing in this Act modifies, limits, or otherwise affects the
application of, or obligation to comply with any other Federal law,
including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).
<all> | End Palm Oil Deforestation Act | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. | End Palm Oil Deforestation Act | Rep. Garamendi, John | D | CA | This bill modifies requirements for importing palm oil and makes other changes to address deforestation and other potential harms from cultivating and processing palm oil. For example, the bill (1) specifies that palm oil does not qualify for exclusions from importation requirements granted to common cultivars or common food crops, and (2) prohibits imported palm oil products from being treated as renewable fuel for purposes of the Renewable Fuel Program. | 2. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. 3371). (b) Palm Oil Not Considered Common Cultivar or Common Food Crop.-- The exclusions specified in section 2(f)(2)(A) of the Lacey Act Amendments of 1981 (16 U.S.C. (4) Finalization.--Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. (c) Temporary Certifications.--In the case of palm oil products for which documentation of meeting the sustainability certification standards referred to in subsection (a) cannot be provided, the Secretary may grant the importers of such products temporary certifications that may be presented at the port of entry into the United States in lieu of such documentation for a period not to exceed one year, subject to renewal (of such duration as the Secretary may specify), if the Secretary publishes on a public internet site of the Department of Agriculture, and updates as necessary, a list of all such temporary certifications, including with respect to each such temporary certification-- (1) a written statement outlining the reason for granting the temporary certification; (2) the date on which the temporary certification expires; (3) the terms by which the temporary certification may be renewed, if applicable; and (4) any supporting documents or information considered by the Secretary in deciding to grant such temporary certification. 4. LABELING OF IMPORTED PALM OIL PRODUCTS. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. (b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 5. UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. (a) Moratorium.--No Federal funds may be obligated, expended, or otherwise made available for the cultivation or processing of palm oil abroad, unless the Secretary of State certifies that-- (1) the program, project, or activity for which such funds are made available will not-- (A) contribute to significant loss of native species; (B) disrupt or contaminate natural water sources; (C) reduce local food security; (D) cause the forced displacement of local people; (E) contribute to deforestation; (F) increase greenhouse gas emissions substantially; (G) contribute to human trafficking, forced labor, or child labor; (H) enable wildlife trafficking; or (I) further bureaucratic corruption; and (2) the cultivation or processing is carried out in accordance with the sustainability certification standards specified pursuant to section 3. (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. INELIGIBILITY FOR RENEWABLE FUEL STANDARD. SEC. EFFECT ON OTHER LAW. | 2. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. 3371). (b) Palm Oil Not Considered Common Cultivar or Common Food Crop.-- The exclusions specified in section 2(f)(2)(A) of the Lacey Act Amendments of 1981 (16 U.S.C. (4) Finalization.--Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. (c) Temporary Certifications.--In the case of palm oil products for which documentation of meeting the sustainability certification standards referred to in subsection (a) cannot be provided, the Secretary may grant the importers of such products temporary certifications that may be presented at the port of entry into the United States in lieu of such documentation for a period not to exceed one year, subject to renewal (of such duration as the Secretary may specify), if the Secretary publishes on a public internet site of the Department of Agriculture, and updates as necessary, a list of all such temporary certifications, including with respect to each such temporary certification-- (1) a written statement outlining the reason for granting the temporary certification; (2) the date on which the temporary certification expires; (3) the terms by which the temporary certification may be renewed, if applicable; and (4) any supporting documents or information considered by the Secretary in deciding to grant such temporary certification. 4. LABELING OF IMPORTED PALM OIL PRODUCTS. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. (b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 5. UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. INELIGIBILITY FOR RENEWABLE FUEL STANDARD. SEC. | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. 3371). (b) Palm Oil Not Considered Common Cultivar or Common Food Crop.-- The exclusions specified in section 2(f)(2)(A) of the Lacey Act Amendments of 1981 (16 U.S.C. SUSTAINABILITY CERTIFICATIONS FOR PALM OIL DEEMED SUFFICIENT AS IMPORT DECLARATIONS AND DUE DILIGENCE. 3373(a)). (4) Finalization.--Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. (c) Temporary Certifications.--In the case of palm oil products for which documentation of meeting the sustainability certification standards referred to in subsection (a) cannot be provided, the Secretary may grant the importers of such products temporary certifications that may be presented at the port of entry into the United States in lieu of such documentation for a period not to exceed one year, subject to renewal (of such duration as the Secretary may specify), if the Secretary publishes on a public internet site of the Department of Agriculture, and updates as necessary, a list of all such temporary certifications, including with respect to each such temporary certification-- (1) a written statement outlining the reason for granting the temporary certification; (2) the date on which the temporary certification expires; (3) the terms by which the temporary certification may be renewed, if applicable; and (4) any supporting documents or information considered by the Secretary in deciding to grant such temporary certification. 4. LABELING OF IMPORTED PALM OIL PRODUCTS. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. (b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended-- (A) in clause (x), by striking ``and'' at the end; (B) in clause (xi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xii) palm oil.''. 5. UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. (a) Moratorium.--No Federal funds may be obligated, expended, or otherwise made available for the cultivation or processing of palm oil abroad, unless the Secretary of State certifies that-- (1) the program, project, or activity for which such funds are made available will not-- (A) contribute to significant loss of native species; (B) disrupt or contaminate natural water sources; (C) reduce local food security; (D) cause the forced displacement of local people; (E) contribute to deforestation; (F) increase greenhouse gas emissions substantially; (G) contribute to human trafficking, forced labor, or child labor; (H) enable wildlife trafficking; or (I) further bureaucratic corruption; and (2) the cultivation or processing is carried out in accordance with the sustainability certification standards specified pursuant to section 3. (b) Congressional Instructions to the Executive.--The President should instruct the Secretary of the Treasury, acting as the Chairman of the National Advisory Council on International Monetary and Financial Policies, and the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose new proposals for palm oil development loans, unless the development of palm oil is to be carried out in accordance with the sustainability certification standards specified pursuant to section 3. (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. 6. INELIGIBILITY FOR RENEWABLE FUEL STANDARD. 7545(o)). SEC. EFFECT ON OTHER LAW. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. (a) In General.--In this Act: (1) Certifying standard.--The term ``certifying standard'' means any accreditation for lawfully, ethically, and sustainably sourced palm oil offered by a nongovernmental organization. (2) Palm oil product.--The term ``palm oil product'' means-- (A) any product containing ingredients, including palmolein and monocarboxylic fatty acids, derived from the plants African oil palm (Elaeis guineensis), American oil palm (Elaeis oleifera), babassu palm (Attalea speciosa), macauba palm (Acrocomia aculeata), maripa palm (Attalea maripa), or hybridized species derived therefrom; (B) those food products derived from imported palm oil or any combination or portion thereof; or (C) any other product prepared, in whole or in part from, or processed with, imported palm oil as the Secretary may specify. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) Taking.--The term ``taking'' has the meaning given the term in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371). (b) Palm Oil Not Considered Common Cultivar or Common Food Crop.-- The exclusions specified in section 2(f)(2)(A) of the Lacey Act Amendments of 1981 (16 U.S.C. SUSTAINABILITY CERTIFICATIONS FOR PALM OIL DEEMED SUFFICIENT AS IMPORT DECLARATIONS AND DUE DILIGENCE. 3373(a)). (2) Considerations.--In publishing the list under paragraph (1), the Secretary shall-- (A) when considering whether to include a certifying standard on such list, prioritize certifying standards that promote-- (i) palm oil cultivation practices with decreased net greenhouse gas emissions; (ii) human rights of palm oil agricultural workers; (iii) human rights of the communities neighboring palm oil plantations; and (iv) preventing deforestation or peatlands degradation; and (B) consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil. (4) Finalization.--Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. (c) Temporary Certifications.--In the case of palm oil products for which documentation of meeting the sustainability certification standards referred to in subsection (a) cannot be provided, the Secretary may grant the importers of such products temporary certifications that may be presented at the port of entry into the United States in lieu of such documentation for a period not to exceed one year, subject to renewal (of such duration as the Secretary may specify), if the Secretary publishes on a public internet site of the Department of Agriculture, and updates as necessary, a list of all such temporary certifications, including with respect to each such temporary certification-- (1) a written statement outlining the reason for granting the temporary certification; (2) the date on which the temporary certification expires; (3) the terms by which the temporary certification may be renewed, if applicable; and (4) any supporting documents or information considered by the Secretary in deciding to grant such temporary certification. 4. LABELING OF IMPORTED PALM OIL PRODUCTS. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. (b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended-- (A) in clause (x), by striking ``and'' at the end; (B) in clause (xi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xii) palm oil.''. 1638a), specify the country of origin of such products; and (B) providing for an exemption from the requirement specified pursuant to subparagraph (A) with respect to products containing imported palm oil products if the amount of imported palm oil in such product is de minimis (as determined by the head of the Federal agency involved). 5. UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. (a) Moratorium.--No Federal funds may be obligated, expended, or otherwise made available for the cultivation or processing of palm oil abroad, unless the Secretary of State certifies that-- (1) the program, project, or activity for which such funds are made available will not-- (A) contribute to significant loss of native species; (B) disrupt or contaminate natural water sources; (C) reduce local food security; (D) cause the forced displacement of local people; (E) contribute to deforestation; (F) increase greenhouse gas emissions substantially; (G) contribute to human trafficking, forced labor, or child labor; (H) enable wildlife trafficking; or (I) further bureaucratic corruption; and (2) the cultivation or processing is carried out in accordance with the sustainability certification standards specified pursuant to section 3. (b) Congressional Instructions to the Executive.--The President should instruct the Secretary of the Treasury, acting as the Chairman of the National Advisory Council on International Monetary and Financial Policies, and the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose new proposals for palm oil development loans, unless the development of palm oil is to be carried out in accordance with the sustainability certification standards specified pursuant to section 3. (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. 6. INELIGIBILITY FOR RENEWABLE FUEL STANDARD. 7545(o)). SEC. EFFECT ON OTHER LAW. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. 4) Taking.--The term ``taking'' has the meaning given the term in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371). ( 3371(f)(2)(A)) with respect to common cultivars and common food crops shall not apply with respect to palm oil. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( (2) Considerations.--In publishing the list under paragraph (1), the Secretary shall-- (A) when considering whether to include a certifying standard on such list, prioritize certifying standards that promote-- (i) palm oil cultivation practices with decreased net greenhouse gas emissions; (ii) human rights of palm oil agricultural workers; (iii) human rights of the communities neighboring palm oil plantations; and (iv) preventing deforestation or peatlands degradation; and (B) consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil. ( 4) Finalization.--Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. (b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended-- (A) in clause (x), by striking ``and'' at the end; (B) in clause (xi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xii) palm oil.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( b) Certification Standards.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish on an internet website of the Department of Agriculture for public comment a preliminary list of nongovernmental certifying standards for sustainable palm oil. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. ( (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( b) Certification Standards.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish on an internet website of the Department of Agriculture for public comment a preliminary list of nongovernmental certifying standards for sustainable palm oil. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. ( (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. 4) Taking.--The term ``taking'' has the meaning given the term in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371). ( 3371(f)(2)(A)) with respect to common cultivars and common food crops shall not apply with respect to palm oil. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( (2) Considerations.--In publishing the list under paragraph (1), the Secretary shall-- (A) when considering whether to include a certifying standard on such list, prioritize certifying standards that promote-- (i) palm oil cultivation practices with decreased net greenhouse gas emissions; (ii) human rights of palm oil agricultural workers; (iii) human rights of the communities neighboring palm oil plantations; and (iv) preventing deforestation or peatlands degradation; and (B) consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil. ( 4) Finalization.--Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. (b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended-- (A) in clause (x), by striking ``and'' at the end; (B) in clause (xi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xii) palm oil.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( b) Certification Standards.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish on an internet website of the Department of Agriculture for public comment a preliminary list of nongovernmental certifying standards for sustainable palm oil. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. ( (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. 4) Taking.--The term ``taking'' has the meaning given the term in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371). ( 3371(f)(2)(A)) with respect to common cultivars and common food crops shall not apply with respect to palm oil. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( (2) Considerations.--In publishing the list under paragraph (1), the Secretary shall-- (A) when considering whether to include a certifying standard on such list, prioritize certifying standards that promote-- (i) palm oil cultivation practices with decreased net greenhouse gas emissions; (ii) human rights of palm oil agricultural workers; (iii) human rights of the communities neighboring palm oil plantations; and (iv) preventing deforestation or peatlands degradation; and (B) consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil. ( 4) Finalization.--Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. (b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended-- (A) in clause (x), by striking ``and'' at the end; (B) in clause (xi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xii) palm oil.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( b) Certification Standards.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish on an internet website of the Department of Agriculture for public comment a preliminary list of nongovernmental certifying standards for sustainable palm oil. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. ( (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. 3371(f)(2)(A)) with respect to common cultivars and common food crops shall not apply with respect to palm oil. ( (2) Considerations.--In publishing the list under paragraph (1), the Secretary shall-- (A) when considering whether to include a certifying standard on such list, prioritize certifying standards that promote-- (i) palm oil cultivation practices with decreased net greenhouse gas emissions; (ii) human rights of palm oil agricultural workers; (iii) human rights of the communities neighboring palm oil plantations; and (iv) preventing deforestation or peatlands degradation; and (B) consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil. ( b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended-- (A) in clause (x), by striking ``and'' at the end; (B) in clause (xi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xii) palm oil.''. ( Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq. ). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. a) In General.--In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States-- (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)). ( b) Certification Standards.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish on an internet website of the Department of Agriculture for public comment a preliminary list of nongovernmental certifying standards for sustainable palm oil. ( LABELING OF IMPORTED PALM OIL PRODUCTS. ( a) Food Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient.''. ( UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION ABROAD. ( (c) Consultation.--The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). | To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes. 3371(f)(2)(A)) with respect to common cultivars and common food crops shall not apply with respect to palm oil. ( (2) Considerations.--In publishing the list under paragraph (1), the Secretary shall-- (A) when considering whether to include a certifying standard on such list, prioritize certifying standards that promote-- (i) palm oil cultivation practices with decreased net greenhouse gas emissions; (ii) human rights of palm oil agricultural workers; (iii) human rights of the communities neighboring palm oil plantations; and (iv) preventing deforestation or peatlands degradation; and (B) consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil. ( b) Country of Origin Labeling.-- (1) Use in food.--Section 281(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended-- (A) in clause (x), by striking ``and'' at the end; (B) in clause (xi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xii) palm oil.''. ( Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq. ). | 1,404 |
618 | 4,905 | S.823 | Taxation | This bill prohibits the attachment of a 2021 recovery rebate by legal process, including assignment, levy, or garnishment. A 2021 recovery rebate is a stimulus payment provided by the American Rescue Plan of 2021 for individual taxpayers and their dependents who have been affected by the COVID-19 (i.e., coronavirus disease 2019) pandemic. | To amend the American Rescue Plan Act of 2021 to provide for protection
of recovery rebates.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROTECTION OF 2021 RECOVERY REBATES.
(a) In General.--Subsection (c) of section 9601 of the American
Rescue Plan Act of 2021 (Public Law 117-2) is amended--
(1) in paragraph (2), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) subject to reduction or offset pursuant to
section 3716 or 3720A of title 31, United States Code,
or similar authority permitting offset,
``(B) subject to reduction or offset pursuant to
subsection (c), (d), (e), or (f) of section 6402 of the
Internal Revenue Code of 1986, or
``(C) reduced or offset by other assessed Federal
taxes that would otherwise be subject to levy or
collection.'', and
(2) by adding at the end the following new paragraph:
``(4) Assignment of benefits.--
``(A) In general.--The right of any person to any
applicable payment shall not be transferable or
assignable, at law or in equity, and no applicable
payment shall be subject to, execution, levy,
attachment, garnishment, or other legal process, or the
operation of any bankruptcy or insolvency law.
``(B) Encoding of payments.--In the case of an
applicable payment described in subparagraph
(E)(iii)(I) that is certified for payment after the
date of the enactment of this paragraph under section
3528 of title 31, United States Code, and that is paid
electronically by direct deposit through the Automated
Clearing House (ACH) network, the Secretary of the
Treasury (or the Secretary's delegate) shall--
``(i) issue the payment using a unique
identifier that is reasonably sufficient to
allow a financial institution to identify the
payment as an applicable payment, and
``(ii) further encode the payment pursuant
to the same specifications as required for a
benefit payment defined in section 212.3 of
title 31, Code of Federal Regulations.
``(C) Garnishment.--
``(i) Encoded payments.--In the case of a
garnishment order that applies to an account
that has received an applicable payment that is
encoded as provided in subparagraph (B), a
financial institution shall follow the
requirements and procedures set forth in part
212 of title 31, Code of Federal Regulations,
except--
``(I) notwithstanding section 212.4
of title 31, Code of Federal
Regulations (and except as provided in
subclause (II)), a financial
institution shall not fail to follow
the procedures of sections 212.5 and
212.6 of such title with respect to a
garnishment order merely because such
order has attached, or includes, a
notice of right to garnish Federal
benefits issued by a State child
support enforcement agency, and
``(II) a financial institution
shall not, with regard to any
applicable payment, be required to
provide the notice referenced in
sections 212.6 and 212.7 of title 31,
Code of Federal Regulations.
``(ii) Other payments.--In the case of a
garnishment order (other than an order that has
been served by the United States) that has been
received by a financial institution and that
applies to an account into which an applicable
payment that has not been encoded as provided
in subparagraph (B) has been deposited
electronically on any date during the lookback
period or into which an applicable payment that
has been deposited by check on any date in the
lookback period, the financial institution,
upon the request of the account holder, shall
treat the amount of the funds in the account at
the time of the request, up to the amount of
the applicable payment (in addition to any
amounts otherwise protected under part 212 of
title 31, Code of Federal Regulations), as
exempt from a garnishment order without
requiring the consent of the party serving the
garnishment order or the judgment creditor.
``(iii) Liability.--A financial institution
that acts in good faith in reliance on clauses
(i) or (ii) shall not be subject to liability
or regulatory action under any Federal or State
law, regulation, court or other order, or
regulatory interpretation for actions
concerning any applicable payments.
``(D) No reclamation rights.--This paragraph shall
not alter the status of applicable payments as tax
refunds or other nonbenefit payments for purpose of any
reclamation rights of the Department of the Treasury or
the Internal Revenue Service as per part 210 of title
31, Code of Federal Regulations.
``(E) Definitions.--For purposes of this
paragraph--
``(i) Account holder.--The term `account
holder' means a natural person whose name
appears in a financial institution's records as
the direct or beneficial owner of an account.
``(ii) Account review.--The term `account
review' means the process of examining deposits
in an account to determine if an applicable
payment has been deposited into the account
during the lookback period. The financial
institution shall perform the account review
following the procedures outlined in section
212.5 of title 31, Code of Federal Regulations
and in accordance with the requirements of
section 212.6 of title 31, Code of Federal
Regulations.
``(iii) Applicable payment.--The term
`applicable payment' means--
``(I) any advance refund amount
paid pursuant to section 6428B(g) of
the Internal Revenue Code of 1986,
``(II) any payment made by a
possession of the United States with a
mirror code tax system (as defined in
subsection (b) of this section)
pursuant to such subsection which
corresponds to a payment described in
subclause (I), and
``(III) any payment made by a
possession of the United States without
a mirror code tax system (as so
defined) pursuant to subsection (b) of
this section.
``(iv) Garnishment.--The term `garnishment'
means execution, levy, attachment, garnishment,
or other legal process.
``(v) Garnishment order.--The term
`garnishment order' means a writ, order,
notice, summons, judgment, levy, or similar
written instruction issued by a court, a State
or State agency, a municipality or municipal
corporation, or a State child support
enforcement agency, including a lien arising by
operation of law for overdue child support or
an order to freeze the assets in an account, to
effect a garnishment against a debtor.
``(vi) Lookback period.--The term `lookback
period' means the two-month period that begins
on the date preceding the date of account
review and ends on the corresponding date of
the month two months earlier, or on the last
date of the month two months earlier if the
corresponding date does not exist.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
<all> | A bill to amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. | A bill to amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. | Official Titles - Senate
Official Title as Introduced
A bill to amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. | Sen. Brown, Sherrod | D | OH | This bill prohibits the attachment of a 2021 recovery rebate by legal process, including assignment, levy, or garnishment. A 2021 recovery rebate is a stimulus payment provided by the American Rescue Plan of 2021 for individual taxpayers and their dependents who have been affected by the COVID-19 (i.e., coronavirus disease 2019) pandemic. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROTECTION OF 2021 RECOVERY REBATES. (a) In General.--Subsection (c) of section 9601 of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended-- (1) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following: ``(A) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, or similar authority permitting offset, ``(B) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or ``(C) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Account holder.--The term `account holder' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. The financial institution shall perform the account review following the procedures outlined in section 212.5 of title 31, Code of Federal Regulations and in accordance with the requirements of section 212.6 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(iv) Garnishment.--The term `garnishment' means execution, levy, attachment, garnishment, or other legal process. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. | PROTECTION OF 2021 RECOVERY REBATES. (a) In General.--Subsection (c) of section 9601 of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended-- (1) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following: ``(A) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, or similar authority permitting offset, ``(B) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or ``(C) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. The financial institution shall perform the account review following the procedures outlined in section 212.5 of title 31, Code of Federal Regulations and in accordance with the requirements of section 212.6 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(iv) Garnishment.--The term `garnishment' means execution, levy, attachment, garnishment, or other legal process. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROTECTION OF 2021 RECOVERY REBATES. (a) In General.--Subsection (c) of section 9601 of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended-- (1) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following: ``(A) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, or similar authority permitting offset, ``(B) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or ``(C) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. ``(B) Encoding of payments.--In the case of an applicable payment described in subparagraph (E)(iii)(I) that is certified for payment after the date of the enactment of this paragraph under section 3528 of title 31, United States Code, and that is paid electronically by direct deposit through the Automated Clearing House (ACH) network, the Secretary of the Treasury (or the Secretary's delegate) shall-- ``(i) issue the payment using a unique identifier that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment, and ``(ii) further encode the payment pursuant to the same specifications as required for a benefit payment defined in section 212.3 of title 31, Code of Federal Regulations. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Account holder.--The term `account holder' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. The financial institution shall perform the account review following the procedures outlined in section 212.5 of title 31, Code of Federal Regulations and in accordance with the requirements of section 212.6 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(iv) Garnishment.--The term `garnishment' means execution, levy, attachment, garnishment, or other legal process. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROTECTION OF 2021 RECOVERY REBATES. (a) In General.--Subsection (c) of section 9601 of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended-- (1) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following: ``(A) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, or similar authority permitting offset, ``(B) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or ``(C) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. '', and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(B) Encoding of payments.--In the case of an applicable payment described in subparagraph (E)(iii)(I) that is certified for payment after the date of the enactment of this paragraph under section 3528 of title 31, United States Code, and that is paid electronically by direct deposit through the Automated Clearing House (ACH) network, the Secretary of the Treasury (or the Secretary's delegate) shall-- ``(i) issue the payment using a unique identifier that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment, and ``(ii) further encode the payment pursuant to the same specifications as required for a benefit payment defined in section 212.3 of title 31, Code of Federal Regulations. ``(ii) Other payments.--In the case of a garnishment order (other than an order that has been served by the United States) that has been received by a financial institution and that applies to an account into which an applicable payment that has not been encoded as provided in subparagraph (B) has been deposited electronically on any date during the lookback period or into which an applicable payment that has been deposited by check on any date in the lookback period, the financial institution, upon the request of the account holder, shall treat the amount of the funds in the account at the time of the request, up to the amount of the applicable payment (in addition to any amounts otherwise protected under part 212 of title 31, Code of Federal Regulations), as exempt from a garnishment order without requiring the consent of the party serving the garnishment order or the judgment creditor. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Account holder.--The term `account holder' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. The financial institution shall perform the account review following the procedures outlined in section 212.5 of title 31, Code of Federal Regulations and in accordance with the requirements of section 212.6 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(iv) Garnishment.--The term `garnishment' means execution, levy, attachment, garnishment, or other legal process. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Account holder.--The term `account holder' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Account holder.--The term `account holder' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Account holder.--The term `account holder' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Account holder.--The term `account holder' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. and (2) by adding at the end the following new paragraph: ``(4) Assignment of benefits.-- ``(A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. ``(iii) Liability.--A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(vi) Lookback period.--The term `lookback period' means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. | To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. ``(D) No reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. ``(iii) Applicable payment.--The term `applicable payment' means-- ``(I) any advance refund amount paid pursuant to section 6428B(g) of the Internal Revenue Code of 1986, ``(II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and ``(III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. ``(v) Garnishment order.--The term `garnishment order' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. | 1,089 |